RE: Tux2 - evil patents sighted

From: Marty Fouts (marty@dotcast.com)
Date: Mon Oct 02 2000 - 23:54:27 EST


IANAL

That said, I would refer anyone interested in 'prior art' in patents to
http://www.ipmall.fplc.edu/ipcorner/bp98/welch.htm
especially the brief discussion on what 'prior art' is to the patent office.
Also, for those who believe that similar concepts will void patents, I would
suggest a search of the IP literature on the topic of 'narrowly defined.'

As to whether or not Network Appliance's patents would hold up in court, I
offer two contradictory opinions:

   Factoid: 90% of all patents are never challenged, while 80% of those that
are are overturned.

and

   "Going into court is throwing the dice."

I will defer discussion of the 'evil' of patent law to some more appropriate
forum.

Marty
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