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Re: croptop post# 64466

Friday, 10/11/2013 2:33:30 PM

Friday, October 11, 2013 2:33:30 PM

Post# of 77519
This isn't a criminal proceeding where everyone is innocent until proven guilty. It's very much the other way around. The organization that holds the "patent" puts those who they believe are infringing on notice to let them know of their intent to protect their IP giving them an opportunity to avoid legal proceedings. If they decide to put responding off (their right) they can sometimes meet an unfortunate ends with fines and restitution to make the IP/patent holder whole which can be big $$$ depending on the level and scale of infringement. It's up to the respondent to prove they aren't in violation - that's the bottom line. Of course the other avenue is to prove the patent shouldn't have been issued by filing a claim with the USPTO for a review.

I don't personally find it unusual that the notified parties haven't been lining up to respond - between ICD-10 preparation and other initiatives they're all busy. This almost creates a perfect storm to pay a royalty to MMR to just go away so they can get on with the day to day. Approaching the big fish (Allscripts, Quest, etc) isn't how I would played it out. All IMO.
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