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To: Clarksterh who wrote (17083)	10/23/1998 11:56:00 PM
From: JGoren	Read Replies (1) \| Respond to of 152472

Clark, I think you may have just made the first post that makes the patent issue almost clear. I say almost, since I am don't think I yet have a complete handle on it, but you have clarified the steps of the handoff and the choices of method at each step better than anyone else. Thanks.

To: Clarksterh who wrote (17083)	10/24/1998 3:56:00 AM
From: Clarksterh	Respond to of 152472

Dave - just saw I suffered from dyslexia - patent date is 6/13/89 Clark

To: Clarksterh who wrote (17083)	10/24/1998 4:49:00 AM
From: Ramus	Read Replies (2) \| Respond to of 152472

Clark, My take Re the "soft handoff" patent was basically the Ericsson patent concerned "soft handoff" in frequency/time space and the Qualcomm patent concerned "soft handoff" in code space. Ericsson thinks they invented "soft handoff" the generic definition. But they covered time/frequency space not code space(consider rake fingers here). Yes Dave, I do like your arguments concerning the breadth of patents. Walt.

To: Clarksterh who wrote (17083)	10/25/1998 3:58:00 PM
From: Dave	Respond to of 152472

Clark: The Ericsson patent for soft hand-off (5109528) was filed 6/13/98. First, the filing date on the patent was on 13 June 1989. However, it claims foreign priority in Sweden back in 14 June 1988. As you should recall, the US is first to invent. All research papers must be published before 14 June 1988 to be considered 'Prior Art' Furthermore, even if a paper does exist, Ericsson would need to show proof of the date of invention, which would be prior to 14 June 1988. It is almost certain that there are some published papers from before 1989 which discuss spread spectrum cell systems. I wouldn't go that far. As everyone on this thread likes to bring up on the breadth of Qualcomm's patents, did you know that on the '528 patent, Ericsson never discloses the type of interface? Did you know also, that when I went into the public search room, that in this particular class (Soft Handoff), it was the second patent in the shoe. The first one was Qualcomm, however Qualcomm's patent was first filed on 7 November 1989 with no foreign priority. You seem to bring up breadth of patent coverage, however, it appears that Ericsson was the first to file and, therefore, publish. They, as all applicant's, are entitled to that broad coverage on new technology. With respect to point 2), I don't know what you are trying to say. If Qualcomm and Ericsson had these alledged talks, were these talks before 14 June 1988 (the filing date in Sweden of the '528 patent)? Your statement as obvious could be taken as hindsite reconstruction. In present time, it might be obvious. However, at the time the invention was made? dave