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March 04, 2007



What a wierd case. A couple of things:

1. I assume the date of the NZ reference on the front of the US patent is wrong as it says 12/1996, and the US app. was filed 9/1996.

2. The asserted patent expired for failure to pay maintenance fees in February 2006. Seems like further evidence of bad management by the patent owner. Maybe this is grounds on appeal for the defendant to get the 30% reinstated?


Gyula Huszar

On pages 20 and 22 of the judgment, it would seem that Dr. Sherman allegedly changed the date on the patent approval and introduced it into evidence. Is this not frowned upon? How would a case with this type of evidence creation be viewed and treated if the plaintiff wasn't a billionaire genius?

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