Saturday, February 21, 2009 5:11:21 AM
It is the courts that ultimately decide the validity of a patent not the USPTO. Before the USPTO adopted the ex-parte re-exam process disputes were settled by the courts after a trial. The final arbiter of such disputes is the federal appeal court , not the USPTO. The ex parte re-exam was created by the USPTO to give individuals a less expensive route to challenge a patent's validity than having to use the courts and spend thousands of dollars. The only authority that can overrule the court is the appellate division.
Neomedia's case can certainly still go to court. It could become a case of patent versus patent with Scanbuy and Neomedia. A free cross - licensing agreement could be the end result , with guys like Iain having to decide if they really want to work for a living and produce a product or service .... or want to get paid handsomely by YA and the shareholders of YA's next victim.
The USPTO is not the final word on patents.
Just FYI
jonesie
Yorkville / Cornell Tracking Board #board-9964
"I can think of no more valuable commodity than information"
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