For something to consitute prior art, my understanding is that it has to have been published or otherwise promulgated allowing it to be known/recognized.  As a "company secret", it would not qualify as "prior art", but instead a folly on the part of the entity that developed it and did not pursue recognition or a patent. Thus, I don't believe  your argument holds water. Think about it....the USPTO performs a comprehensive search before awarding a patent. If the info isn't available it cannot be considered (and wouldn't be considered prior art unless it were available.).  It's kinda hard to copy something that nobody knows exists.

As others have pointed out, literally thousands of qualified people with necessary resources have performed searches for years re: our patents and have come up with nothing valid. IMO, if it ain't there, it ain't there.

Thus, cautious is okay, but cautious to the extreme is just silly.  Things could go haywire in court, it just doesn't appear likely.

Take the opposite view: IF there were prior art out there, find-able, I KNOW of 17 major corporations out there that would immediately fire their legal staff.  And the USPTO and foreign patent offices would be subject to ridicule.  Now how likely is THAT?

But I KNOW nuttin'!

SGE