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RE: Sun IPR statement on XPointer
- From: "Steven J. DeRose" <Steven_DeRose@Brown.edu>
- To: firstname.lastname@example.org
- Date: Wed, 25 Apr 2001 16:22:40 -0400
At 12:08 PM -0500 4/25/01, Bullard, Claude L (Len) wrote:
o Sun believes it can defend the patent.
Actually, if their technical people have clue 1, they cannot believe
this. I suspect what they believe is what you said later, that no one
will bother fighting them. The patent is so utterly bogus there's not
the faintest chance they could defend it against a halfway competent
attack. I personally implemented 3 systems, each at least 3 years
prior to their application, that "infringe" it.
If you read the patent broadly enough for XPointer to infringe, then
HTML infringes it as well. Sun is clearly counting on not having to
fight it (sadly, given the way patent law is set up, that's a good
bet -- the reason we have myriad patents this foolish).
o If XPointer is withdrawn, the IPR offer is void.
I think the wording makes us safe vs. this. Note:
At 6:06 PM -0400 4/24/01, Eve L. Maler wrote:
that are owned or controlled by Sun *at any time while* XPointer
is on the Recommendation track *or after* XPointer has been adopted as a
so once we go REC, they can't change it.
I am, however, worried about the wording failing to cover the case
where Sun sells the patent to somebody else. It is only *Sun*
undertaking not to sue. If they create a 'Sun XPointer Suing Company"
and sell it the patent for $1, then SXSC can sue, right?
o Any attempt to create another specification to fill the role of
be subject to the same patent claims without the protection of
the IPR offer.
Of course; the holders of bogus patents almost never renounce them,
or allow them to go far enough in court to be legally invalidated;
they try to settle first and have the case closed, so any later
people have to fight it all over again.
Chief Scientist, Brown Univ. Scholarly Technology Group
Adjunct Associate Professor, Computer Science