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Message: FEDERAL TORT CLAIMS ACT - bottom line we are buying - that is our feeling

FEDERAL TORT CLAIMS ACT - bottom line we are buying - that is our feeling

posted on Feb 07, 2007 04:04AM

Ron - thank you for your analysis - as always, welcomed and valuable, you make a good point, although, however difficult, the FEDERAL TORT CLAIMS ACT, (below) does allow for the Federal Government to be sued.  It is even more likely with around 20,000 Plaintiffs.  Nevertheless, it is likely something the Feds would by nature avoid.  If I may make an analogy, The call has already been made on the field and now it is much harder to overturn and the Defendants are going to lose a lot more than a timeout.  IMHO.

Bottom line - all of our patents were highly scrutinized over a period of years before being granted.  They have been highly scrutinized almost constantly since being granted.  Further, allowing re-examination is presently so easy to do, on any patent, that it is a testimony to the strength of our patents, that none of our infringer's, who have agreed to pay us millions, have ever requested re-exam.  It only cost a few thousand to file.  Mere peanuts and yet never used before? 

My feeling is that the law was primarily targeted to software patents and now being abused by others just because it is available, but what do I know. 

Members of our group are continuing to buy lots of shares.

FEDERAL TORT CLAIMS ACT - The FTCA provides a limited waiver of the federal government's sovereign immunity when its employees are negligent within the scope of their employment. Under the FTCA, the government can only be sued 'under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.' 28 U.S.C. S 1346(b). Thus, the FTCA does not apply to conduct that is uniquely governmental, that is, incapable of performance by a private individual.

regards to all longs


http://www.lectlaw.com/def/f071.htm

 

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