RE: [Re: [ga] GoDaddy:

["Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>]

I think the registrars should band together and hire him...

On Wed, 14 May 2003, Michael D. Palage wrote:

> Here are some additional questions that I would like to propose to the list.
> 
> Question #1:
> On what date does John Berryhill stop posting material to the list
> concerning this subject matter. The significance of this event is that is
> the date John is likely to be retained by a client in this matter. Having
> gotten to know John over the years, he would never engage in such a public
> discussion if he was representing a client because of the potential ethical
> considerations that it would raise.
> 
> Question #2
> When John goes silent, who is the client that has retained his services:
> SnapNames; VeriSign; Doster; TUCOWS; or some other registrar(s). This is the
> question that I find most interesting because John probably does have the
> biggest inbox of prior art on the subject matter.
> 
> Mike
> 
> > -----Original Message-----
> > From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf Of John
> > Berryhill Ph.D. J.D.
> > Sent: Monday, April 14, 2003 10:21 AM
> > To: Elliot Noss; Andy Gardner; ga@dnso.org; discuss-list@opensrs.org
> > Subject: Re: [Re: [ga] GoDaddy:
> >
> >
> >
> > From: "Elliot Noss" <enoss@tucows.com>
> >
> >
> > > John, are you sure about 12/99? I thought it was 2000 as well.
> >
> > If you take a look at the first paragraph of the application, it states:
> >
> > "[0001] This application is a continuation of and claims priority
> > from U.S.
> > Provisional Patent Application No. 60/245,102, filed Nov. 1,
> > 2000, and U.S.
> > Provisional Patent Application No. 60/248,341, filed Nov. 13, 2000. "
> >
> > There are several things going on here.  First of all, a US patent
> > application can claim the filing date of an earlier-filed provisional
> > application, so long as the regular application is filed within a
> > year of the
> > provisional.  That was done here.
> >
> > There were two provisional applications filed in November 2000.  We do not
> > know at this time to what extent those provisionals may or may not have
> > adequately supported the claimed material of the later US
> > applications.  But
> > for the purpose of focussing efforts productively, it is conservative to
> > assume that the support was there.
> >
> > So, that assumption provides the pending application with an
> > effective filing
> > date of November 2000.
> >
> > Now, there are a couple of categories of things that qualify as prior art.
> > One category would be to show that the invention was known and
> > used by others
> > prior to the invention thereof by the applicant.  However, the date of
> > invention is not objectively knowable on the basis of evidence
> > available to
> > us.
> >
> > The most reliable category of prior art are things that were in
> > public use,
> > published, or on sale more than one year prior to the effective
> > filing date
> > of the application.  That critical date is objectively knowable
> > to us at this
> > time, and that date is November 1, 1999.
> >
> > Additionally, everyone ought to know that during prosecution of a
> > US patent
> > application, anyone connected with the application (the
> > applicant, the owner,
> > etc.) has a duty to submit copies of relevant prior art
> > information of which
> > they are aware.  There's no duty to go out and look for stuff,
> > but assuming
> > they are reading this list, then they would do well to submit copies of
> > relevant archives that are posted here.  This will help them obtain a
> > stronger patent, as will any attempt to submit material to the
> > patent office
> > at this time, since they will be the only ones involved in arguing around
> > such material and/or amending the claims ever so slightly to avoid a
> > rejection based on such material.
> >
> >
> >
> > --
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> >
> 
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> 

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