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Re: Amazon Patents Getting Numbers Off a Check


From: Tim Jackson
Subject: Re: Amazon Patents Getting Numbers Off a Check
Date: Tue, 27 Jul 2004 00:46:26 +0100

Lee Hollaar wrote on Sun, 25 Jul 2004 01:08:03 +0000 (UTC)....
> >> And, if the patent owner does file suit, it may be liable for sanctions
> >> under Rule 11 for filing a suit when it knew (from the information that
> >> you sent them) that the patent was invalid.
> >
[Tim Jackson]
> >You can achieve that effect merely by sending the prior art to the 
> >patentee, without also sending it to the Patent Office.
> 
[Lee Hollaar]
> That's making the big assumption that a person responsible for filing
> an infringement suit actually saw the prior art, especially if it's
> something that comes in anonymously (like you can submit prior art
> to the patent office).  You'll probably impress the court more if
> it's in the patent office file.

I don't think I'd usually have much difficulty finding the right 
person.  Address it the same as you would the notice under 37 CFR 
1.501, if you were sending the prior art to the Patent Office.  That 
might be to the attorney of record.   And/or send further copies to, 
say, the CEO or MD, especially if it is a small business.  And/or to 
the inventor if he still works for them.  If it's a large corporation 
with an in-house patent department, make sure they get a copy - they 
are certain to be involved in any decision to sue someone.

-- 
Tim Jackson
address@hidden
(Change '.invalid' to '.co.uk' to reply direct)
Absurd patents: visit http://www.patent.freeserve.co.uk


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