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Technology Stocks : EDTA (was GIFT)
EDTA 0.000200+300.1%Mar 7 3:00 PM EST

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To: Bill Ounce who wrote (969)4/7/1997 2:09:00 PM
From: GRC   of 2383
 
Bill,
I don't think the number of patents allowed by the examiner will hurt validity. It is doubtful that such evidence will ever get to the jury. Also, if it does, a quick lexis search of patents examined by that Examiner shows that no patents he allowed have been held invalid by the appeals court. Also, he did not allow that many more patents (also found by a lexis search) than at least one other Examiner in his group. Are the two of them sloppy and the others diligent, or are they hard working and the others lazy.

I am interested in this stock, and have ordered the file history of the patent. It shows nothing unusual. A patent is presumed valid, and must be proven invalid by clear and convincing evidence. A jury of people who can't get out of jury duty (and almost certainly computer illiterate) will be deciding whether they should second guess an examiner with years and years experience and education.

Are you aware of any specific prior art that renders this patent invalid? Before writing it off, I'd like to see the prior art.

GRC
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