(1888PressRelease)
April 02, 2008 - In its filings, PUBPAT submitted prior art that the Patent Office was not aware of when reviewing the applications that led to the two patents, described in detail how the prior art invalidates the patents and asked that the patents be revoked.
The Public Patent Foundation ("PUBPAT") filed formal requests with the United States Patent and Trademark Office to review two patents held by epicRealm Licensing Inc. that the patent licensing company is widely asserting against providers of dynamic websites, i.e. websites that can produce custom responses to individual visitors or users. The lawsuits through which epicRealm is widely asserting its patents are epicRealm Licensing, LLC v. Franklin Covey Co. et al., C.A. No. 4:05-356 (TX ED) and epicRealm Licensing, LLC v. Autoflex Leasing, Inc. et al, C.A. No. 2:05-163 (TX ED).
In its filings, PUBPAT submitted prior art that the Patent Office was not aware of when reviewing the applications that led to the two patents, described in detail how the prior art invalidates the patents and asked that the patents be revoked.
Despite no longer making any product or service itself, epicRealm is asserting the patents against those that provide information and services to the public over the internet, a group which includes many private citizens, public service organizations and even the U.S. Patent and Trademark Office itself. EpicRealm's assertion of the patents has included the filing of infringement lawsuits against more than a dozen mere end users of allegedly infringing web site systems. PUBPAT challenged the patents because it believes that epicRealm's assertion of the patents is causing substantial public harm by threatening the way in which much of the most useful aspects of the Web are provided to the public.
"EpicRealm is yet another example of the growing trend of businesses whose sole purpose and activity is to sue others for patent infringement, but the fact that they are claiming rights over the vast majority of websites based on these patents that would have never been issued had the Patent Office known of the prior art we were able to uncover only makes the matter that much more unsettling," said Dan Ravicher, PUBPAT's Executive Director. "Perhaps some day soon Congress will fix the patent system so that such exploitation cannot occur. In the interim, with respect to these specific patents, we expect the Patent Office to look at the new evidence we are providing today and agree with us that they should be withdrawn from issuance."
Copies of the Requests for Reexamination filed by PUBPAT against the two patents epicRealm is widely asserting dynamic websites can be found at http://www.pubpat.org/epicrealmdynamicwebsites.htm.
Contact:
Daniel Ravicher, Executive Director
Public Patent Foundation
(212) 796-0570
About the Public Patent Foundation
The Public Patent Foundation ("PUBPAT") is a not-for-profit legal services organization working to protect the public from the harms caused by the patent system, particularly the harms caused by undeserved patents and unsound patent policy. PUBPAT provides the general public and those specific persons or businesses otherwise deprived of access to the system governing patents, with representation, advocacy, and education. To be kept informed of PUBPAT News, subscribe to the PUBPAT News List by visiting http://www.pubpat.org.
