In regards to the I-hub post stating that the patents held by Nanopierce "are divisional or continuations from a single
application (5,083,697) which expires 2/14/2006. I
don't think this is a particularly valuable technology
portfolio with just 3 years to go...."
For patents granted prior to 1995, the term of a US Utility Patent was 17 years from the date the patent was granted. (My understanding that in 1995, patent law changed so that the the duration of a utility patent is 20 years from the time the application was filed. If the granting of the patent takes longer than three years from the application date, an extension can be granted for the amount of time over three years, allowing the patent holder a full 17 years to enjoy the patent.)
The ORIGINAL DiFrancesco patent # 4,804,132 for "Method for Cold Bonding" was granted February 14, 1989. The patent application was filed August 28, 1987. A cursury reading inticates that it is a patent for bonding aluminum surfaces with the basic particle interconnect method. ("The present invention is a method for bonding two surfaces without applying heat. The surfaces are prepared so that they both have an outermost layer of aluminum. One of the surfaces has metallized particles that protrude at the desired bonding points. When the two surfaces are brought into contact, the particles pierce the aluminum surface, displacing any aluminum oxide that may be present. This provides two virgin aluminum surfaces on contact with each other, which allows the formation of a metal matrix, thus bonding the two surfaces. The strength of the bond can be controlled by varying the piercing depth and size of the particles. The material for the particles may be chosen so that the bond is both electrically and thermally conductive, either electrically or thermally conductive, or both electrically and thermally insulative.") It is due to expire February 14, 2006.
DiFrancesco was granted the patent for "Particle Enhanced Joining of Metal Surfaces" (#5,083,697) on January 28, 1992. That patent was applied for February 14, 1990 and expires January 28, 2009. This patent takes the earlier patented process to a much higher level, and expands the scope to cover a number of materials and processes not covered in the original patent. It is the real beginning of Particle Interconnect Technology. ("A method for joining a first metal surface to a second metal surface employs metallized particles or protuberances disposed between said surfaces. The metallized particles include a core particulate composed of a material having a hardness greater than that of the metals to be bonded. By compressing the metal surfaces together in a generally normal or perpendicular direction, one or both of the metal surfaces is compressed into a metal region formed around the particulate core. In this way, very high local regions of stress are created which cause the metal to elastoplastically deform, enhancing the ability to form diffusion bonds. Alternatively, temporary electrical or other junctions may be formed by bringing the surfaces together under less rigorous conditions and/or using metals which are incapable of forming diffusion bonds.")
You can see how the process was refined and enhanced from the filing of the first application to the second. Particle Interconnect Technology (PI), now evolved into Nanopierce Connection System (NCS) has progressed dramatically since that first patent.
The DiFrancesco patent #5,083,697 acknowledges through disclaimer, that the portion of this patent covered by the earlier patent will expire in February 14, 2006. ("The portion of the term of this patent subsequent to February 14, 2006 has been disclaimed.) However, that allows for the newer technology in the second and subsequent patents to be protected, even after the earlier patent expires.
It has been made clear many times throughout the DiFrancesco litigation, that the new Nanopierce patents go way beyond the original patents and that the process, as continuously refined by the Nanopierce team, is well protected by the new patents granted and the applications which have been filed. It is my understanding that Nanopierce currently holds 10 patents beyond the original PI technology.
Nanopierce continues to improve upon the process and to file patent applications for each new improvement and invention. As recently as December 19, 2002 Nanopierce filed Neuhaus's Application #20020192363, "Electroless process for the preparation of Particle Enhanced Electric Contact Surfaces", in order to further protect the intellectual property and to extend patent protection term. This continuation of the patent process is important in that it protects the value of our investment.
It is my opinion, that Zeev Hed, has not done enough research and should take a closer look. His dates are wrong, in that the DiFrancesco patent he refers to does not expire until January 2009, and also that the other patents granted and applied for will provide continuous protection for the process as it develops.
-zties
AI
