tag:blogger.com,1999:blog-5574479.post1000152777302846140..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: DSS's patent deceased -- in the UK, at any rateVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-86926142528730273092008-03-31T15:13:00.000+01:002008-03-31T15:13:00.000+01:00http://seekingalpha.com/article/67076-document-sec...http://seekingalpha.com/article/67076-document-security-systems-no-long-term-value-plenty-of-red-flags#European<BR/>This article goes over the lawsuit starting about halfway through the page. Anyone have any thoughts on the analysis?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-14627590590405820032008-03-25T15:48:00.000+00:002008-03-25T15:48:00.000+00:00The thing about the Northern European wet cat is t...The thing about the Northern European wet cat is that it's the cat owner who decides when to make the cat big or small. As one does. The point about the more southerly emotional Angora is that it's all a bit uncertain how big or small the cat is going to decide to be, at any particular moment.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-26268056598506547852008-03-20T15:43:00.000+00:002008-03-20T15:43:00.000+00:00I had heard the Angora cat analogy before, but as ...I had heard the Angora cat analogy before, but as the "wet cat" analogy: to get the patent granted, you wash the cat, so that its fur sticks to the meager body. After the grant (+ 9 months) you blow-dry the cat.<BR/><BR/>I'm certain that the IPKat, as well as anyone concerned about the welfare of felines, prefers the Angora cat analogy, though.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-7763120660057600982008-03-20T12:55:00.000+00:002008-03-20T12:55:00.000+00:00David, I should have thought the answer well clear...David, I should have thought the answer well clear: the English court reads the doc in its own language, the language also of its author, so is full of self-confidence what it means. Mainland Europe, including the EPO, reads it as a foreign language. Take a doc in French instead. Try arguing with a Frenchman what is directly and unambiguously derived to the hypothetical skilled reader of that document. Do you think you will agree? No wonder German judges see no point in trying to distinguish what a doc discloses from what it makes obvious (with hindsight). It folows inevitably from their separate track handling of infringement and validity, which Robin Jacob has a go at. I liked the Angora cat too, but I also liked the remark that the new matter is in claim 1 because the Technical Board of Appeal suggested its inclusion. What a joy this case is.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-67632110215779175452008-03-19T21:39:00.000+00:002008-03-19T21:39:00.000+00:00I can't believe you made no comment about the Ango...I can't believe you made no comment about the Angora cat analogy at paragraph 5:<BR/><BR/>"Professor Mario Franzosi likens a patentee to an Angora cat. When validity is challenged, the patentee says his patent is very small: the cat with its fur smoothed down, cuddly and sleepy. But when the patentee goes on the attack, the fur bristles, the cat is twice the size with teeth bared and eyes ablaze."<BR/><BR/>On a more serious note, the judgment does make an important point about the level of implicit disclosure required to avoid added subject matter. At paragraph 16:<BR/><BR/>"If the document is a puzzle, then that may well be all it is – not a clear teaching, express or implied. One should not strain to make sense of a document which is actually lacking in clarity. If one does one is in danger of adding matter oneself."<BR/><BR/>The question I have now is why the German and Dutch courts found otherwise.David Pearcehttps://www.blogger.com/profile/02336561458060095886noreply@blogger.com