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Article View: comp.software.licensing
Article #10

Re: copyright and registered trademark howto

#10
From: Bruce Hayden
Date: Tue, 03 Nov 1992 14:05
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>  You may call this incompetence of the patent office.  I am not so sure.
>  Many decisions have upheld the right to both copyright and patent certain
>  aspects of programs and their interfaces (both user and programmatic).  
>  None of these decisions have gone to the Supreme Court as of yet, and
>  I expect some will in the not too distant future.  Until this all gets
>  worked out, who knows what the outcome might actually be?

>  Jon Rosen

I would be interested in any issued software patents that have been
recently litigated as to validity, even in the District Courts. 
I have been looking for them, and haven't seen any. This is different
from appeals from the PTO to the CAFC where the proceedings are 
entirely ex parte. The reason I ask this question is that I believe
that many of these patents are issueing through incompetence, and
the only test is going to be when someone actually sues for infringement.
Don't you think that it is peculiar that IBM and the other major
software patent players are not trying to enforce their software patents
yet are fairly agressive enforcing their hardware patents?

Bruce Hayden
bhayden@csn.org
(303) 758-8400
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From: bhayden@teal.csn.org (Bruce Hayden)
Subject: Re: copyright and registered trademark howto
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Date: Tue, 3 Nov 1992 14:05:49 GMT
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