It is a manner in which the old bulletin board systems exchanged electronic mail and forum messages back in the day. Finding the prior art is only half the work — you then need to find an expert witness who argue that this shows the patent is obvious in a way that is simple enough for the jury to understand and complex enough to satisfy the legal requirements. Business Objects have counter sued claiming the patent is invalid.
They use some pretty strong language in their reply:. The terrible threesome. Microsoft are not one to take this type of thing lying down:. It sounds like a group of afflictions that requires a trip to the chemist. The Patent Prospector thinks was a very bad year for patent holders in The Dynamics of Obviousness and Obviousness Redux where a landmark decision in the US Supreme court in April made it much hard to prove an invention is non-obvious and where once impermissible hindsight is now permissible.
The Teilhard ETL patent is not clever in hindsight, the Groklaw comments show it is a collection of ideas that already existed. The prior art from other early ETL vendors will show many people were thinking of the same thing at that time. The Company believes the claims of infringement are without merit and intends to defend this matter vigorously. There can be no assurance that third parties will not assert infringement claims against the Company in the future.
Such claims may result in costly litigation, diversion of management time and resources, financial liability or a requirement that the Company suspend licencing of its products, redesign its products, or enter into royalty or licencing agreements. If the defendants were to lose they would face an injunction against selling ETL products until they enter a royalty or licensing agreement. Each defendant in this case is likely to have spent million dollars in legal and discovery fees by the time the trial starts.
Do not expect a settlement before trial, especially in the credit crisis when Informatica is doing everything it can to retain staff. Software AG are hard to read, they tried to settle last year and failed, they do not want to be in this trial but cannot seem to find the right price to exit.
A number of pre-trial dates have been shuffled forward a few days to accommodate all the extra expert testimony for the extra products added to the infringement list but so far the trial date remains the 9th of November:.
The Parties agree not to use this stipulation in any manner as support for the pending motions to amend the infringement and invalidity contentions. This stipulation wil not affect any pending hearing or trial dates in this matter.
The parties also agree to work together to accommodate pre-existing scheduling conflicts, such as summer vacation plans, that may affect the scheduling of expert depositions.
JuxtaComm and the CSIRO are in a similar situation, they both happened to have a valuable patent fall in their lap due to timing, invention and the eventual popularity of the technology they patented.
When it came to getting the money back for that infringement they took different strategies with CSIRO starting small and getting bigger and JuxtaComm starting big and getting smaller. CSIRO have a patent from way back in for the maths equation that made up an early standard for wifi connectivity. No one paid to license this standard but it was used in most first generation wifi devices. This is the only patent they have tried to monetize and they are a genuine ETL innovator.
I went looking for more information about JuxtaComm and the patent and on a Clusty web search was surprised to find a document from the old JuxtaComm Media Communications website a Strategic Market Valuation Report.
The initial set of defendants in the trial are mostly ETL vendors but this research report shows the patent may also apply to all types of middleware vendors. BEA Systems is being acquired by Oracle and may be immune under the Tielhard-Oracle licensing agreement but they had revenue of over a billion dollars a year — four times as much as Informatica or IBM-Ascential.
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