Regarding GetIPDL's alleged infringement of Image Application's PCT application, two points come to mind. One, a PCT application has no assertable quality, that is, you cannot infringe a published application. The GB priority application has been discontinued, the PCT has published without a search report, and an EP examination has been requested. It will be quite some time before Mr. Mayall will have any evidence of patentability of his application. Two, do a quick search of the PIUG Archive to discover when Mr. Mayall first publicized his LATTICE software, which was an earlier version of PATSEE. It may in fact have been on sale prior to his claimed British priority filing date. If so, you will have little to worry about.
Roy Zimmermann
Patent Information Specialist
763-505-2527
763-505-2530 (FAX)
roy.zimmermann@medtronic.com
roy_zimmermann@hotmail.com
rzimmerma@aol.com
>>> "UJIHARA Kazuya" <ujihara@aurora.dti.ne.jp> 01/15/02 09:56AM >>>
Dear PIUG list,
I am UJIHARA Kazuya, the author of GetIPDL, patent downloading software.
<http://www.aurora.dti.ne.jp/~ujihara/GetIPDL/>
I got some e-mails from Mr. Mayall, the author of PatSee.
He says that GetIPDL is infringing his intellectual property described
in WO01/01234.
But, I consider that GetIPDL does not use the arts claimed in
WO01/01234.
Furthermore, I believe that his invention is not satisfy a patent
requirement because the invention is not progressive,
and patent downloading software is available on the earliest priority
date of WO01/01234.
I know one patent downloading software, whose name is PatCite.
It was written by Mr. Dudley J. Mills and his product is released on
1997 as the version 3.0.
In order to make my opinion more reliable, please let me know the
following questions.
How long has patent downloading software been available ?
When were they available ?
Who produced them ?
Thank you in advance.
Regards,
UJIHARA Kazuya <mailto:ujihara@aurora.dti.ne.jp>
-----Original Message-----
From: Support [mailto:support@imageapps.co.uk]
Sent: Friday, January 04, 2002 7:51 PM
To: ujihara@aurora.dti.ne.jp
Subject: GetIPDL
Dear Sirs,
Please address all future correspondence regarding the above program and
International patent publication number WO 01/01234 to:
support@imageapps.co.uk.
Legal Department
Image Applications Limited
-----Original Message-----
From: lattice@yall.screaming.net [mailto:lattice@yall.screaming.net]
Sent: Wednesday, December 19, 2001 4:05 AM
To: UJIHARA Kazuya
Subject: Re: Patent Problem
Dear Sirs,
Thank you for your comments.
We would be grateful if you could advise what feature in the claims of
WO01/01234 is absent from GetIPDL. Presumably you will have no problem
providing this information if your product genuinely falls outside of
the
claims.
In our understanding GetIPDL clearly falls within the claims but we
would be
pleased if you could explain the basis of your opinion.
As you are connected to the intellectual property field you will no
doubt
understand the seriousness of this matter.
Thank you for continued attention.
Legal Department
Image Applications Limited
=================================
UJIHARA Kazuya writes:
> Dear Sirs,
>
> I believe that your invention was made to a person having ordinary
> skill in internet programming. And, GetIPDL does not use the arts
> claimed in WO 01/01234. If you continue it, I will consult with some
> IP newsgroups, mailing lists, and so forth.
>
> Regards,
>
> Ujihara Kazuya
>
> -----Original Message-----
> From: Image Applications Limited [mailto:lattice@yall.screaming.net]
> Sent: Sunday, December 16, 2001 7:58 PM
> To: ujihara@aurora.dti.ne.jp
> Subject: Patent Problem
>
>
> Dear Sirs,
>
> Thank you for your prompt reply to our e-mail regarding your product,
> GetIPDL, and International Patent Application WO 01/01234.
>
> We have read the items from the archive. These items are not
> persuasive and, in our opinion, would not be accepted by the Patent
> Office or Court as evidence of invalidity. For example one item
> alleges invalidity over unspecified documents of no proven date.
>
> As for the alleged prior use of PatCite and DIP-J software to which
> you refer, again this allegation is unsubstantiated. We are not aware
> of either product having been made available to the public before the
> priority date. The evidentiary requirements have not been met, nor do
> we believe they can be met as we have no knowledge of these products
> being made available to the public in any form affecting validity of
> our patent rights.
>
> Your manufacture of GetIPDL damages the legitimate business interests
of
> Image Applications Limited.
>
> Your comments within 13 days would be appreciated.
>
>
> Legal Department
> Image Applications Limited
> =================================
>
>
> Dear Sirs,
>
> Please read
> http://www.derwent.com/archive/piug/0989.html
> http://www.derwent.com/archive/piug/0991.html
> . They are similar to my opinion.
> Additionally,
> Your invention is publicly known and worked in PatCite and DIP-J
> softwares on priority date of WO 01/01234. What's new in your
> invention ?
>
> Regards,
>
>
> -----Original Message-----
> From: Image Applications Limited [mailto:lattice@yall.screaming.net]
> Sent: Saturday, December 15, 2001 6:48 PM
> To: ujihara@aurora.dti.ne.jp
> Subject: Patent Problem
> Importance: High
>
>
> Dear Sirs,
>
> We wish to draw your attention to International Patent Application WO
> 01/01234. This realtes to software for downloading patents from free
> servers. We have noticed your software GetIPDL and we are naturally
> concerned about your activities.
>
> Your comments within 14 days would be appreciated.
>
>
> Legal Department
> Image Applications Limited
>
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