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Friday, January 09, 2009 10:29:33 AM
Worst case scenario - An illiterate/incompetent jury finds for the dependent and an appeal will reverse the decision. This is a time buying tactic by the EFF to keep Scanbuy in the headlines and to delay the USPTO reexamination decision, as this case will be considered, IMO, before a final decision is rendered by the USPTO reexamination.
In order to save time, NEOM should have filed to have Scanbuy's patents reexamined over a year ago. I suggested this. SRM, anyone can do this - are you game - since NEOM's attorney did not have the foresight to file for an examination to reexamine Scanbuy's patents. USPTO, has jurisdiction, over the validity of the patents - not the courts. The USPTO will have to make the decision that Scanbuy's patents are unenforceable, not the jury and not the courts.
Beam11
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