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Re: scarednomore post# 10971

Monday, 04/24/2006 4:15:12 PM

Monday, April 24, 2006 4:15:12 PM

Post# of 45771
Scared, I know it was tempting to buy just before the infringement suit was announced. Everything looked like a significant PPS increase was going to happen soon. Now, I don't know, even if Baxa sells all of the first production run units. I believe that the infringement suit will be a monkey on our backs until settled.

"It is being said that the patent issue is all about nothing. Could very well be, BUT what if it is not. Then what happens? Would Cdex have to stop using the issue at question? Would they have to start over or would they be able to work around it in time?"

I don't believe for a second anyone that claims the patent issue is about nothing. That is absurd IMO. I believe that ASD patent attorneys had a very long time to review the case and they just don't file infringement suits that will "backfire on them" like some people have posted. That's very unmindful thinking IMO.

The issue may very well condense down to the example I gave about the "chair". ASD has a basic patent on the chair and CDEX has patented an improved by adding a backrest. CDEx cannot produce the chair without ASD's approval and at the same time, ASD cannot produce a chair with a backrest without CDEx's approval.

That's a good example of how a patent is really a negative right which can prevent someone else from making your invention yet you may not be able to make it yourself.

Whatever the outcome may be, it's going to be interesting following the case.


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