Re: '584 review - Moxa
in response to
by
posted on
Jul 07, 2007 06:13PM
Thanks. Kudos from YOU really mean something, especially since you've read my blatherings for some 10 years!
I wonder if anyone with skill has researched the USPTO to see if anything has happened re: the '148 and '336. I KNOW we can count on someone reporting a sighting re: a perceived negative, but I'm not confident that those same people would do likewise re: a positive.
Others have pointed out that the requests for re-exam for the '148 and '336 were processed BEFORE the '548, yet others suggest that re-exams may be doled out to different personnel/teams at the USPTO, so one may work faster, or get to it faster, than another. However, though I have a tendency to expect real intelligence and intelligent tools are at work and being an administrative process analyst in a prior life, I would expect the three requests for re-exam to be handled by the same USPTO team in the interest of efficiency. I have been proven wrong in the past, though, with my grandeous expectations (like when I went to work on the Space Shuttle program where I expected everything to be "state-of-the-art" - man was I surprised!).
And then there's the possibility of the Markman result being a prompt on the '548. If this did happen, one would expect that it did or will serve as a prompt for the '148 and '336. IMO, it would be very interesting if the USPTO reviewers for those patents returned an opinion contrary to the Markman result. But if they did, I would be very confident that we would ultimately prevail.
And I hope all noted that in my "discussion" re: the '548, I was talking about a worst case scenario when I talked about "if we lose on the '548 at the USPTO". But, in any case, we do still have the '336 and '148, and "essential is essential", IMO.
And to those that think that ARM will be off the hook if we were to "lose" on the '548, all I can say is that we've seen that ARM specified the '148 and '336 as building blocks for some on their patent applications. It would seem kind of hard to hide from that "matter of record".
Enough from me!
SGE