[SI-LIST] Re: Sanmina patent on dielectric thicknesses under 4 mils

Hans,

That is true only if you go through a court case.  Once the patent has been 
granted by the PTO, the patent is final until formally invalidated.  The 
holder has the upper hand and can do nasty things like seek an injunction 
against shipment of infringing products pending resolution of a case.  It 
is almost always better to negotiate a resolution up front, which if needed 
can become part of the litigation record if it goes that far.  What I would 
suggest here is to seek a license for $1. by presenting the prior art to 
Sanmina who acquired the Zycon patents:

5800575, 5708569, 5603847, 5466892, 5347258, 5261153, 5161086 5155655, 
5144742, 5079069, 5064583

Regards,


Steve.
At 12:20 PM 11/27/2001 -0800, you wrote:

>Simply, one can invalidate a patent if you can
>demonstrate that "prior art" existed. The only problem
>with that is that the burden of proof falls on you.
>Have your legal team examine the patent and the prior
>art and then with their approval you can "infringe".
>If the patent holder sues, you can reply with the
>prior art. Then it becomes a problem for the patent
>holder to prove the diferences from teh prior art.
>This happens all the time.
>Hans Mellberg
>
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