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Re: Hayschley10 post# 1014

Monday, 07/08/2013 2:22:58 PM

Monday, July 08, 2013 2:22:58 PM

Post# of 8449
I spent about 30 minutes today looking into this matter. I personally concluded chances of success is small. Simply put the legacy business method of operation lead to patent claims being held as invalid because they filed their paperwork incorrectly. The courts have ruled basically the overview or initial patent is different than later claims. Rendering the claim worthless. THE EU countries have been using other countries ruling as case study. The appeal ruling everyone is waiting on right now is to find out if DSS will have the right to file suit for patent infringement in Spain. Will a win strengthen the case, absolutely but whomever they are allowed to sue will bring up in trial the other defeats.

Even though DSS is suing the European Union Bank, in Europe you have to prosecute patents in the individual countries even if you are given a European Patent. The first case DSS lost was in EU court when it tried to file suit against the entire EU. 5 countries have declared outright that the patent is invalid. 2 countries found the patents valid and was later overturned on appeal by higher courts. Spain is on the same type of appeal. I have not been able to find any updates on the individual case in Luxembourg.

As far as value, the only site I found that included any information related to it was the blog IPkat.
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