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Sony Sued for Blu-Ray Patent Violation
Jaidan writes "According to a Gamespot article, a California-based company named Target Technology is suing Sony over patents it allegedly holds for silver based reflective surfaces. The suit claims that products marketed under the Blu-ray name infringe on a patent it owns for reflective layer materials in optical discs. Target is seeking a permanent injunction preventing Sony from violating its patent rights in the future, as well as damages with interest, multiplied due to what it characterizes as deliberate and willful infringement. ' The patent addresses what Target called a need for specific types of silver-based alloys with the advantages (but not the price) of gold. According to the patent, the alloys are also more resistant to corrosion than pure silver. Target does not specify in its suit whether it believes all of Sony's Blu-ray discs infringe on its patent, or the suit applies to just a portion of the discs manufactured. The patent was filed in April of 2004 and granted in March of 2006.'"
Actually, this may end up being bogus for different reasons. You must realize the patent was filed April 2004 and was patented May 2006. I know that Blu-ray has been in development for quite a time and the specifications were announced in the year of 2004. If Sony can provide sufficient evidence in court that what is claimed by Target had already been conceived in some form by them they will be able to circumvent this lawsuit and nullify the patent.
Well, back to rejecting software patent applications.
Well, back to rejecting software patent applications.
But the applicant can file a terminal disclaimer (37 CFR 1.131) and swear behind the date as long as they give evidence of their work before the date of filing. It doesn't have to be published, nor does it have to be a working example. They actually can use internal documents as long as the date can be certified. I'm sure Sony knows this well.
Well, back to rejecting software patent applications.
After doing a little looking at thier site, Target Technology gets their name because they do actually make products with this technology. The make silver alloy targets for sputtering the metal onto optical discs, and their targets are currently used manufacture of many DVD-R's and other optical discs. I would guess (though I don't have enough information to be sure) that they think Sony looked at the compostion of their targets, said "hey, these work really well," and decided to make their own targets of the same compesition for their Blu-ray discs. True or not, I have no idea, but it is at least possible a valid patent case. It's not like this is just an company who hoards patents and licenses them, they actually make products based off of those patents.
Eh, I'm late to this discussion. Anyway....
You were correct in intent, but this is not a "terminal disclaimer" but, rather a affidavit used to "swear behind" the date of a prior art reference. The applicant must show reduction to practice or conception with dilligence and must attach evidence (such as lab notebooks) similar to that which would be entered in an interference, except that all dates may be redacted out of the documents, with the inventors asserting (under the criminal penatalies for false oath or declarations) that all relevant dates were before the prior art date.
This will overcome a rejection based on 35 USC 102(a) type prior art, but not prior art applicable under 35 USC 102(b), the so called "statutory bar" that applies if the effective filing date of the application is more than one year after the prior art date.