Re: WEB: OpenMarket patents

Philip Witham (p.j.witham@ieee.org)
Wed, 04 Mar 1998 14:07:52 -0800


>My question is: Does the prior, public usage by myself and other persons
>prior to the filing of these particular patents in anyway invalidate said
>patents?
Having a patent is entirely different than enforcing it. This sort of Patent
will fail in court the first time it goes up against someone with enough money
to pay for a decent defense.

Think of these patents as punishment for the patentee - who went to a lot of
trouble and expense for not much "protection". Although it will probably be
useful for obtaining investment capitol, etc. Patents tend to impress
businessmen.

- PW