Rambus (RMBS) - Eagle or Penguin Message Board

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Technology Stocks : Rambus (RMBS) - Eagle or Penguin

RMBS 90.19

+2.8%

3:59 PM EST

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To: jim kelley who wrote (69119)	3/25/2001 10:38:21 PM
From: Bilow	Read Replies (2) of 93625

Hi jim kelley; I can find hundreds of references in the literature to the fact that unissued claims can't be enforced. Why don't you find me one reference that says unissued claims can be enforced? I think that what you're mistaking is that while abandoned patents (with unissued claims) cannot be enforced, the filing date of the abandoned patent can be used for the purpose of determining prior art. So here's my statement again: "First of all, since the claims in the 1990 document are not public, Infineon (or you and I) cannot be held to infringe them." Please find a single reference that says otherwise. Oh, here are a couple references that agree with me: This hurts both the patentholder who can't enforce unissued patents and potential infringers who won't know about them. heckel.org In some countries, such as Japan, published applications are respected almost as though they were already issued patents, and can provide licensing opportunities. This local custom can make an unissued patent application valuable even if the national patent office has a reputation for letting patent applications pend for a long time. slwk.com -- Carl

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