Re: Re: Re: Re: Re: prior art, non-disclosure,

Subject: Re: Re: Re: Re: Re: Re: prior art, non-disclosure,

Comments:
: : : : : : 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 : : : : No, if I were a lawyer or a law clerk, I wouldn't need to ask. Geesh. : : : : Sorry, I call a lawyer tomorrow, I guess the answer takes one minute and I pay him $10.00. : : : Dear BF, : : : Good luck. You are going to get what you pay for. I'll bet even a quack is going to charge more that $10. In fact the quacks may charge more than a legitimate, knowledgeable Registered Patent lawyer. : : : 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 : : Of course I will get what I pay for. But my question was such a simple one, that I considered it my duty to make myself a little bit more knowledgable BEFORE I bother a lawyer in person. It's simply not appropriate to assume any harmless poster wants a free ride. If I have to pay a lawyer $150.00 an hour I don't bother to ask something that basic. So far I have paid any professional the price they asked me to pay and I think it's simply impolite to assume otherwise just because I posted on this forum. Sorry for misunderstanding the intent of this site. : Dear BF, : You got a straight answer. "I believe so."

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any patent idea. See a lawyer.
Before you post a message you must agree to the Terms of Use.