[tabi] Re: Fw: Update on Freedom scientific and GWmicro law suit

  • From: "Blackjack" <misterblackjack2@xxxxxxxxx>
  • To: <tabi@xxxxxxxxxxxxx>
  • Date: Mon, 12 Oct 2009 08:47:11 -0400

Hi, this is good. I my self use Jaws and like it. But I think Freedom
Scientific the maker of Jaws is just trying to create a monopoly so they can
be the only screen reader out there. They are trying to do what MS did years
ago and why they still mostly run the PC OS for most of the PC's in the
world. Although Apple is doing better in this area, then they was years ago.
I don't think any technology for us the blind community should have patents.
I think my self that these type of technology should be open to be approved
upon to make it better for us. I not saying they owe us anything but I am
saying we should have all the help we can get! By putting monopolies on such
technology as this we are chopping off our right arm on getting this type of
technology improved upon except when the one company wants to improve on it.
Just my thoughts.



-----Original Message-----
From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On Behalf
Of Easy Talk
Sent: Monday, October 12, 2009 6:00 AM
To: tabi@xxxxxxxxxxxxx
Subject: [tabi] Fw: Update on Freedom scientific and GWmicro law suit

----- Original Message -----
From: Easy Talk <mailto:easytalk@xxxxxxxxxxxxx>
To: fcb-l@xxxxxxx
Sent: Monday, October 12, 2009 5:58 AM
Subject: Update on Freedom scientific and GWmicro law suit

Lawsuit Leads to Reconsideration of Patent The U.S. Patent and Trademark
Office has re-examined a patent held by the maker of a screen reader for
blind computer users in connection with an infringement lawsuit filed
against a competing company. Reliable sources hailed the move as a
significant victory for the defendant.
Document Placemarker patent
, held by
Freedom Scientific, Inc.
, covers a specialized screen reading capability that allows a blind person
to save their position on a Web page and return to the same place at a later
time. The company's Job Access With Speech (JAWS) screen reading software
incorporates this feature.
In a July 15, 2008
 filed in the United States District Court, Middle District of Florida,
Tampa Division, the self-proclaimed "world's leading manufacturer of
assistive technology products for those who are vision impaired" accused GW
Micro, the maker of the competing Window-Eyes screen reader, of deliberate
patent infringement, claiming their placemarker technology is the same as
that described in the patent. According to court documents, Freedom
Scientific is seeking an injunction requiring GW Micro to stop including the
placemarker feature in their product, asks for significant unspecified
financial compensation for the infringement and requests recovery of legal
"I believe that this technology shouldn't have been patented to begin with,"
said Doug Geoffray, Vice President of Development with GW Micro, Inc . "It
obviously was around way before what they've done. We have stated that our
version, Window-Eyes 3.1 back in 1999, had previous position capability."
The U.S. Patent and Trademark Office agreed. In a re-examination of Freedom
Scientific's patent, at the request of GW Micro's attorneys, the office
rejected all claims to the invention.
"A person shall be entitled to a patent unless the invention was patented or
described in a printed publication in this or a foreign country or in public
use or on sale in this country, more than one year prior to the date of
application for patent in the United States," stated a published document
describing the re-examination as the basis for the patent's rejection on the
grounds that the technology had already been invented.
The document also cited two existing patents and the availability of IBM's
Home Page Reader, a product employing place marker technology prior to the
Freedom Scientific patent, in its reasoning behind the decision.
"We take that as a positive sign," Geoffray said.
"It's a victory," said Dennis Karjala, Jack E. Brown Professor of Law,
Faculty Fellow, Center for the Study of Law, Science, & Technology at
Arizona State University's Sandra Day O'Connor College of Law . "There's no
question that, if the re-examination decision is upheld, that's the end of
it. There is no patent."
He said Freedom Scientific may still have some cards to play in this case.
"The patent owner in a re-examination proceeding may appeal," Karjala said.
"It goes to an appeals board within the Patent Office and then they can
later seek judicial review. This thing could go on for awhile."
According to the re-examination document, the Patent Office must receive a
response from Freedom Scientific by Oct. 28 if it wishes to appeal the
Karjala said the legal trend points to a probable GW Micro victory.
"Because the Supreme Court has been reviewing so many of their cases with an
obvious eye to overturning them, the Patent Office is pretty sensitive now
that they're being accused of being too patent friendly," said Karjala. "My
guess is once you got a ruling by the examiner that the patent is invalid,
I'd say the chances are pretty good it will be upheld by the board in the
Patent Office. If it's upheld by the board, the chances that a court would
overturn it in this atmosphere are pretty slim."
Freedom Scientific representatives declined to comment, citing the ongoing
The examiner cited
Patent 6085161
 describing the invention of a system for assigning and playing specific
sounds when a Web page changes or the user encounters a specific Web page
element such as a header or list. All of the claims in Freedom Scientific's
patent were rejected based on the positioning techniques described in this
"sonification" system.
The examiner also cited
Patent 7058887
 describing a means of determining the position on a Web page according to
user-defined settings, including the page's domain. This IBM patent was
referenced in the re-examination as clarification for the rejection of the
sixth claim.
The examiner also referred to the
IBM Home Page Reader Version 2.5 Manual
Ex Parte Re-examination, Control Number 90/010,473, Central Re-examination
Unit, U.S. Patent and Trademark Office. Visit the Patent Application
Information Retrieval  Web site and enter the specified control number to
obtain this document. The Patent Office provides this document only in
scanned image PDF, which is inaccessible to blind readers. An accessible
copy  of this document has been made available using Kurzweil K1000 Version
11.03 optical character recognition software.
An accessible copy of Freedom Scientific's complaint was made available in
the July 24, 2008 article  about the lawsuit.
Posted by Darrell at
11:22 AM

Check out the TABI resource web page at http://acorange.home.comcast.net/TABI
and please make suggestions for new material.

if you'd like to unsubscribe you can do so through the freelists.org web 
interface, or by sending an email to the address tabi-request@xxxxxxxxxxxxx 
with the word "unsubscribe" in the subject.

Other related posts: