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< Request for help : first time I have to deal with a patent infringement complaint   Did Channel Intelligence jump the gun with the European patent complaints? >
Channel Intelligence vs. Uwyn : thoughts after the first day

Thanks a lot everyone for all your helpful comments. It's heartwarming to see how many people care and manifest their support.

I already had some informal legal assistance and it seems that causing a patent to be revoked is a very expensive process. That is the only thing that prior art can be used for. Since the patent is there and has been granted by the US patent office, its validity cannot be challenged unless it's entirely revoked. What I can do is challenge the relevance of the patent in regards to Bla-bla List. I'm now waiting for replies from several open-source foundations that are supposed to provide free legal assistance is cases like this. If they don't come through, I'll have to hire a patent lawyer in Belgium.

I've also contacted the lawyers that sent me this letter directly to ask them for concrete suggestions about the amicable resolve that they propose. At least this will give me a picture about what they're after. This what I sent them:

Dear sir,

I just received a fedex about your claim that http://blablalist.com would infringe intellectual property rights that are allegedly held by Channel Intelligence, Inc. in US patent No. 6,917,941.

The service provided at http://blablalist.com has been free of charge and the technology is actually made available for free under an open-source license that has been approved by the Free Software Foundation. Uwyn has never received any payments from the users of the service nor made any profits from it.

As you suggest in the last paragraph of your letter, I'm ready to discuss ways to resolve this amicably. What are your suggestions?

Best regards,

Geert

There seem to be a collection of possible reasons that I can use to dismiss myself as a defendant. I didn't know that the legal system worked this way, but apparently it's common for patent infringement cases to target a whole laundry list of defendants. They all typically try to be dismissed and only one valid reason is needed for this to happen. If the suggestions for an amicable resolve don't satisfy me, aiming for a dismissal will probably be my next course of action.

I'll keep you all posted!

posted by Geert Bevin in Channel Intelligence vs. Uwyn on Jul 19, 2008 10:34 AM : 1 comment [permalink]
 

Comments

Re: Channel Intelligence vs. Uwyn : thoughts after the first day
Good luck, and keep us posted.
God has a special place in Hell for these patent-trolls... And I'm glad I don't live in the US.

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