[vorbis-dev] patents

[Gabriel Bouvigne]

> I think you would have to look at both, since both owners could feel that
you are
> infringing on their patent and sue you. If the patents would actually
cover the
> same invention, you could attack the second one by arguing that there was
prior
> art as documented by the first patent. If you want to find prior art for
both
> patents, you must find a description of the patent's subject that was
available to
> the public before the first patent was filed.

In the patent US5579430:

"Processes such as those described above are known, by way of illustration,
from DE-PS 33 10 480 or from WO 88/01811. Moreover, the cited publications
are to be referred to for the explanation of all the terms not made more
apparent herein."

It looks a lot like a reference to prior art. Would it means that publically
available prior art does not invalid patents if the work was done by the
same company, even if the work was published?

Btw if some people think that we must stop discussing patents here to use a
separate list without archives available and controlled subscribers, I'd be
happy to switch to this list.

Regards,


--

Gabriel Bouvigne - France
bouvigne at mp3-tech.org
mobile phone: gsm at mp3-tech.org
icq: 12138873

MP3' Tech: www.mp3-tech.org
personal page: gabriel.mp3-tech.org

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