Patent clarification
"Prior Art is the event of a person introducing a working process or product via an identifiable venue before anyone else."
- No, that is called public disclosure.
You have one year from public disclosure to file an actual patent and still retain all rights to the invention. This is espercially relevant to EXPH, because lack of a patent filing IS NOT a reason not to unveil the product.
"IF the the developer of the process or product does NOT have a patent or patent pending then there is the potential for an infringement lawsuit by the developer"
- Of course. That is why companies should file patents. However, if the original company has publicly disclosed the product, even if they have not yet filed a patent, they retain all rights... providing that they do file the patent within one year.
In the The RIMM case it was $612.5M, and they lost because NTP had a patent. RIMM unsuccessfully argued that there was prior art to NTP's patent and that it was invalid.
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