Zeev, re "First to Patent"
It is very simple, the European patent law grants the patent monopoly, and "priority", to the entity that first filed the patent, not the one that first invented the technology.
Interesting difference in concept from the US.
Prior art (and I mean in the form of trade secrets used by companies without filing for patent protection) is not even an argument of priority. Thus, while in the US, the Dramurai might have had a chance if they could show (or doctor) lab books that disclosed some of the technology, in Europe (and in Japan), that argument does not fly. Thus the Dramurai's Jedec defense will not fly either.
With regard to SDRAM, it appears from EPO documents, the date of application is the key.
Chapter I - Patentability
Article 54 * - Novelty
(1) An invention shall be considered to be new if it does not form part of the state of the art.
(2) The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the European patent application.
ipr-helpdesk.org
Based on the date of the European application, it seem's to me that SDRAM was not novel at the time. As for DDRDRAM, I think there would also be some issues related to JEDEC info dates and European filing.
JMHO's, and interested in your response.
Gene |
