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d4diddy

03/21/06 8:29 PM

#10109 RE: rottenapple #10107

Rottenapple,

Go to the link below and enter the CDEx patent application number. Click on the "file wrapper" box and it will give you all the information from initial filing to the latest status.

http://portal.uspto.gov/external/portal/!ut/p/_s.7_0_A/7_0_CH/.cmd/ad/.ar/sa.getBib/.c/6_0_69/.ce/7_...

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sanddollar

03/21/06 8:39 PM

#10110 RE: rottenapple #10107

rotten ... (edited)

Next question, does anyone think ASD's patent attorney/'s would have notified the patent examiner about any conflict there might be in the patent's we have under review? If so, and they find a conflict, how long before CDEX is notified and how long before CDEX has to make it public? Also, is there a way to find out if CDEX's patent's get denied without having to wait for the company to divulge it?

I doubt ASD's patent attorneys would notify the patent examiner. Instead, ASD notified cdex, by filing a suit (presumably with a previous notification by certified/registered letter to cdex). Now it's up to the courts, I'd guess, unless cdex and ASD agree to some sort of out of court settlement. If not, it'll be up to dajudge assigned to the case to make a judgement.

Someone can correct me on all that if I'm wrong. Only educated, fully qualified responders need post.

(edit) -- That is, why would ASD attorneys alert the patent examiner regarding any other patents besides what's in their suit? And as for any public announcements by cdex regarding this ... does mentioning it in a filing count as a public announcement? I'd imagine so, so no other public statement would be required. Furthermore, they're under no obligation to keep shareholders updated on the progress of the litigation until it's over; then I'd think they'd have to state the outcome somewhere (again, maybe it would be just in a filing). But of course, there are concerned shareholders who will make it their duty to attend all hearings and accurately report to these boards. Failing that, there are always publicly available (perhaps for a fee) court records of proceedings.