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Re: nomarch-1.2 - Problems with RLE patent 4,586,027



On Wed, 2002-05-22 at 06:32, Will Newton wrote:
> On Wednesday 22 May 2002 10:58 am, Joseph Carter wrote:
> 
> > No effective preventative measures seem to exist, and it seems that the
> > first step a would-be plaintiff is apt to take before considering any
> > potentially expensive legal action (in terms of financial resources or
> > publicity) is send a cease-and-desist letter from their legal department.
> 
> The only thing that can be done, is where it is noted that there is a patent 
> infringement possibility, note this and attempt to find prior art. That is 
> the only way to protect yourself. Then when the cease and desist letter 
> arrives you can point them to your research.

Well, in that spirit, I can claim prior art to the Marimba patent on
paid work I did in the 1996-1997 time frame.  I wrote a Windows-based
update program for a proprietary client application that downloaded
updates to the application and applied them via a Web server.  It was
able to grab updated data files as well as changed program files; the
latter were distributed as bundles.

So, if Debian gets sued over the Marimba patent and apt, I should be
able to dig up some information to prove prior art.

Not that better examples of prior art don't exist, of course.  But every
little bit counts.


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