Invalid Patents

[Miscue]

http://www.mbf-law.com/pubs/articles/522.cfm

/me wonders why the paintball industry doesn't take advantage of the ability to request a re-examination of an invalid patent.

[Mindflux]

Re: Invalid Patents

Originally posted by Miscue
http://www.mbf-law.com/pubs/articles/522.cfm

/me wonders why the paintball industry doesn't take advantage of the ability to request a re-examination of an invalid patent.

/me wonders why you're emoting on a forum.

[11_Mile_TMaster]

/me actually thinks it's funny.

[hitech]

And Tom called me the king of internet searches. Looks like you should get the title now. Do you know anyone at AKA you could send that to? I think you should email it to Tom also. it seems taylor made for the SP patent.

[spantol]

I've just forwarded that to a semi-contact at AKA. Odds are that they've seen it already, but I figure it's better to play it safe. Good catch, Miscue.

It sounds to me, though, that anyone pursuing such a strategy would need to have concrete prior art to show.

[Miscue]

http://www.uspto.gov/web/offices/com/sol/notices/rexam809.html

Looks like you just get a 3rd party going, and front some money.

"Regarding the reexamination fee, 35 U.S.C. 41(d) requires the
Commissioner to set the fee for reexamination at a level which will
recover the estimated average cost to the Office. The estimated
average cost is $4,500 per patent owner requested reexamination and
$11,000 for third party requested reexaminations. The difference in
price takes into account the estimate that the examiner will spend twice
the amount of time examining a case where a third party requester is
present and additional costs incurred during the appellate stages
incident to additional processing steps required in the third party
proceedings."

You get like 5 parties to front about $2k, and say... go through SPPLAT as the organization doing this... there ya go.

[hardr0ck68]

someone should get the ball rolling!

if there was an fund/orginization (such as SPPLAT) doing this i would toss my monies in...I hate SP and would be willing to help pay for this!!

[shartley]

/me has said the same thing since the first person said it was invalid.

[edweird]

superb find brian...

We would just need to have the ducks in a row before splashing this injunction down... so we arnt handing an limp wristed case to them im sure this would have much potential.

after all last thing we want is SP to win this due to our own disorganization.

Hell id even dotate a nominal fee to get this in works.

[spantol]

First, we need to try to find out if AKA tried this already. I know that they were aware of this option.

[spantol]

Also, if no one else has done so, I'd be happy to e-mail a couple of organizations to see if they'd be willing to handle the logistics of a fund. SPPLAT seems a good place to start. It seems like the kind of thing Palmer's might be interested in, too.

[edweird]

Palmer has to much to wrorry about atm...

he is invetigating the whole CO2 tank death thing... and in general has never been a huge fan of electronic operated markers.

[wobbles82]

I also doubt Glen Palmers direct support, he may not like the whole shibang, but hes more focused on semi and custom markers, and this whole C02 tragedy. In any case, I would definately support it, but I have a question. Does anybody have a..general statement or whatever to work with? Like, what exactly is wrong with the patent? I realize the patent and everything around it is ridiculous and horrible but im saying what can be found to be changed, or is it just the fact that its ridiculous that it can be changed? Also, for support..id say ...seek Doc, he might give something up, possibly, I know he has a lot to say in a very intelligent matter about this sorta thing.

[shartley]

[spantol]

Incidentally, AKA can't tell us whether or not they tried that. Stupid gag order...