Re: prior art, non-disclosure,

Posted by M. Arthur Auslander on March 19, 2001 at 12:45:14:

In Reply to: prior art, non-disclosure, posted by BF on March 19, 2001 at 07:26:08:

: If a patent holder sues another company for patent infringement and the accused company tries to invalidate the patent by providing prior art, what would happen in the following szenario:

: This is a software-based business method patent. A software developer of open source code software (GPLed license) could provide proof of prior art, as he has implemented with his own GPLed software the business method for his client. But he is restricted by a non-disclosure agreement with his client to not disclose the origin of the software used.

: If the accused company knew about this case, could the software developer be forced to testify in court ?

Dear BF,

I hope you are not a lawyer or clerk trying to get another lawyer to do your work without charge.

The answer is I believe so!

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop (sm)
E arly L egal A dvice I s N ot E xpensive

Follow Ups:

• Re: Re: prior art, non-disclosure, BF 22:08:40 3/19/01 (5)
  • Re: Re: Re: prior art, non-disclosure, M. Arthur Auslander 05:31:22 3/20/01 (4)
    • Re: Re: Re: Re: prior art, non-disclosure, BF 08:25:49 3/20/01 (3)
      • Re: Re: Re: Re: Re: prior art, non-disclosure, M. Arthur Auslander 10:44:21 3/20/01 (2)
        • Re: Re: Re: Re: Re: Re: prior art, non-disclosure, BF 12:33:48 3/20/01 (1)
          • Re: Re: Re: Re: Re: Re: Re: prior art, non-disclosure, M. Arthur Auslander 14:14:45 3/20/01 (0)

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