Personal Website of Yakov Shafranovich

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Interview with Larry Rosen

Newforge is carrying an interesting interview with Larry Rosen, general counsel for OSI. Among some of the more interesting tidbits:

And the second point: I don’t have any basis for making the statement that the patent itself is valid or invalid. First, no one has seen the patent, because it is not actually an issued patent. It is merely a patent application. And so the paperwork that has been filed is not available to us.
…
Right, and I don’t know, I have not seen the claims of that patent application. It has not yet ripened into a patent. To say there is prior art for it is premature. Furthermore, there is a kind of common — I don’t mean that word in a derogatory sense — but a typical impression of what prior art is about in the world of patent law. It’s a little misunderstood, and so you have to look closely at the claims and the specification of the patent, and you have to look closely at the prior art, to determine whether something is in prior art or not. Merely to say, “Gosh, that sounds familiar, I could have done that,” or “I did that,” or “Someone did that, something similar to that,” especially in absence of an actual patent, is real premature.UPDATE: But of course it made it to SlashDot

Tags: asrg, ipr, open source, press —

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