[Foundation] preliminary patent analysis

Ed Coughlin ecoughlin at gollaborate.com
Mon Dec 23 16:49:25 CST 2002


My understanding of Patents is that they may be contested for one year after
issuance.  Also, that an invention such as Jabber which has "reduced to
practice" an invention but has not filed for a patent will still carry alot
of weight in persuading the PTO to declare an interference.  Given Jabber's
1998 public introduction to the net I would hope the exposure is minimal.
But its always there.

To my knowledge the PTO does not require a PPA to be made public during
"pendency" so it would be impossible to to be sure something is in the
pipeline right?  During a contract engagement earlier this year I assisted a
client in preparing the PPA (my second) together with attorneys.  Our only
opportunity for discovering other competing invention apps in the pipeline
were to research the competition and look for language in their literature
that used very tight descriptions of products.  Documents like white papers
that could later be used as invention descriptions in a contested patent
case.  Difficult work for sure.

The JSF  has done a good job producing well written documents that are
available for anyone to review.  That seems like a solid defense in my
opinion.

Ed
----- Original Message -----
From: "Peter Saint-Andre" <stpeter at jabber.org>
To: <members at jabber.org>
Sent: Monday, December 23, 2002 11:40 AM
Subject: [Foundation] preliminary patent analysis


> BTW, I have just completed a preliminary analysis of U.S. Patent 6,499,344
> and I can say that Jabber does NOT infringe on this patent. I'll write a
> more detailed report later today. IANAL and we still need to seek out a
> professional opinion in this matter, but I think the Jabber community can
> rest easy about the threat of this patent.
>
> What has me worried is that there may be other patents pending, and that
> Jabber might be construed as infringing upon those. Further research will
> be required.
>
> Peter
>
> --
> Peter Saint-Andre
> Jabber Software Foundation
> http://www.jabber.org/people/stpeter.php
>
> _______________________________________________
> Members mailing list
> Members at jabber.org
> http://mailman.jabber.org/listinfo/members
>




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