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Technology Stocks : White light from LED

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To: kinkblot who wrote (549)	3/28/2006 3:00:05 PM
From: kinkblot	of 565

A questionable LED-related patent: U.S. No. 6,016,038 patft.uspto.gov The questions relate to prior art and obviousness among other things; so far, Color Kinetics has had the answers, to the satisfaction of a judge in Boston - the company's home town. ledsmagazine.com Their business strategy has relied fairly heavily on the patent portfolio via licensing deals (some under threat of lawsuits) and enforcement by means of cease and desist orders. After a legal victory last September over Super Vision, Color Kinetics' CEO Bill Sims remarked: "This major win vindicates Color Kinetics' intellectual property rights and reaffirms the validity of our patents, which protect important innovations spanning eight years of R&D in intelligent solid-state lighting. This resolution sends a strong message that we can and will successfully defend our intellectual property against others who attempt to exploit our investments in innovation. We look forward to our continued progress in developing the fundamental technologies that will drive worldwide use of intelligent solid-state lighting." Mr. Sims oratorial skills are certainly beyond question. The definition of fundamental is subjective; by my definition these guys are integrators, not developers of fundamental technologies. Color Kinetics may not no fare so well outside the U.S. District Court in Boston. The judge ruled that the prior art introduced by Super Vision was "not material because it was cumulative to the prior art of record before the PTO, and irrelevant to the patentability of the inventions of the patents-in-suit." A more serious test of the patent will come when it gets to the U.S. Patent Appeals Court in Washington, D.C. WT

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