[email protected] wrote...
The immediate issue isn't to find a workaround, it's to find
a way to invalidate a patent whose owners assert infringement
by products using their patented scheme. Sadly, despite even
good evidence of obviousness, it's very hard to get a jury to
overturn a patent that enjoys a good presumption of validity,
having passed careful review by patent examiners --- Who are
amateur jurors to overturn a patent professional? To succeed
one has to find something serous, like real evidence of fraud
(applicant intentionally didn't mention significant prior art),
or gross incompetence (the examiner failed to find or respect
significant prior art), that forces the jury to feel compelled
to over-rule the examiner.
In other words, one must find EXACT instances of prior art.
Either that, or the expert witness and defense lawyer (and his
entire team) need to have *extraordinary* skill with the jury,
so the jury feels the patent owner is a skank, and are looking
for good excuses to do the right thing as citizens, and overturn
his patent. That doesn't happen very often.