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April 14, 2007: Patent Update

As of April 13th, the court hadn't yet issued a ruling from the January 19th hearing. So the only news is that there is no news regarding that ruling.

But there has been other news. We have been watching Mr. Katzer's activities at the Patent Office. There were three continuation applications that were pending. One issued as a patent recently, but should not have. It was the exact same claims that were in its parent application, and the exact same patent specification. The only difference was the 5000+ pages of references which Mr. Katzer submitted in response to our charges of inequitable conduct. However, under 35 U.S.C. 101, Mr. Katzer was not entitled to get another patent with claims that were the exact same as the claims of an earlier patent. The examiner apparently made a mistake.

The good news is that, after wading through all 5000 pages of another continuation application, another examiner rejected all claims and questioned whether anything was patentable in the application. As a result, Mr. Katzer abandoned that application. While it is possible to revive an abandoned application, it was great news to see that no patent issued from that application.

We'll post any other news here and send it to the jmri-legal-announce mailing list when it happens.

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