More WHINING from NTP! They are petitioning for two-month deadlines on the patents that received all-but-final rejections on Dec 14/05, Dec 15/05, and Dec 30/05 . The documents, dated Jan 03/06, are essentially the same; here's a representative one:
These were not unexpected, and probably the PTO will simply grant them, indeed may have done so already, given that the argument is essentially the same as the three patents that received all-but-final rejections on Nov 30/05.
There are a few interesting tidbits though:
1. "After a first request for an extension was denied, a petition to the Director was filed. Two days before the original improperly set deadline of December 30, 2005, the PTO granted an extension to provide the full two months provided under PTO policy."
Well, it might not have been only two days if NTP hadn't sent the request to the wrong place, wasting a week!
2. "As it currently stands, NTP has seven responses to voluminous Office Actions (all at least seventy pages of single spaced rejections) due in the next twenty-seven days."
Oh Saints, preserve us! It's virtually all boilerplate ..... do one & you've done them all!
3. "The need for special dispatch focuses on the time the PTO will act as well (which here the PTO took between several months [sic] to generate the Office Actions for which it demands a response in one month)."
How to win friends and influence patent examiners?
4. "Moreover, Patent Owner has not been given an explanation as to why it is being singled out for special treatment by the PTO ..."
5. "In contrast, whereas the Office has numerous Examiners and apparently several members of management reviewing and evaluating the merits ..."
Sniff, sniff, sniff.
6. "Dr. V. Thomas Rhyne has been very active on other matters during this same period of time based on deadlines imposed long before the Office began its barrage of seven Office Actions issued in thirty days."
Barrage? Sniff, sniff, sniff, sniff, ...
= = = = =
The rest is pretty much as before ..... including my favourite bit, one of the co-inventors not being willing to assist NTP, the other not having enough technical knowledge. (?!?!?)
>>>MSFT by its nature is a memory intensive software company that requires broadband speeds in its communications and high processor speeds.<<<
Because they write bloated, inefficient, buggy software. Anyone who has ever tried to keep a network of Windows machines working will probably want to avoid increasing their dependence on that platform.
DARPA? DARPA? Has a familiar ring to it ..... didn't they have something to do with inventing Al Gore? (see http://www.firstmonday.dk/issues/issue5_10/wiggins/index.html#w5
re this urban legend that won't go away)
I'll save reading it in detail for a special treat with my cocoa tonight, but on a quick skim through I've decided that it has NOTHING to do with Campana:
1. it's dated 1987, before the first Campana patents, and as we ALL know, none of this stuff was even dreampt of before Campana, much less accomplished.
2. there's no mention of the manual fiddling of headers and IDs or the manual insertion of the email messages that the PTO examiner found to be integral to Campana.
<<<<<4. "Moreover, Patent Owner has not been given an explanation as to why it is being singled out for special treatment by the PTO ..."
Beaurocrats that get caught treating citizens differently are cause for suits filed. I am intimately familiar with a case that wound up in court and because of the beaurocrats unequal treatment of citizens the whole law was thrown out (much to my approval!!!)
The policy is normally 60 days, and they only gave NTP 30 days..... NTP justly called them on the carpet for the unequal treatment.
LIE - <<<<one of the co-inventors not being willing to assist NTP, the other not having enough technical knowledge. (?!?!?) >>>>
The inventor, Campana is dead. The other is his business partner, not "co-inventor".
<<The policy is normally 60 days, and they only gave NTP 30 days..... NTP justly called them on the carpet for the unequal treatment.>>
You havn't been doing your due dillegence, that makes you something other than an interested investor, whether long or short.
<<The inventor, Campana is dead. The other is his business partner, not "co-inventor".>>
It's interesting to see a fallacy being promoted as the exposure of a "LIE" but that's the norm for the "RIM stole NTP's sacred technology" crowd it seems.
<<United States Patent 6,067,451
Campana, Jr. , et al. May 23, 2000
Electronic mail system with RF communications to mobile processors>>
<<Inventors: Campana, Jr.; Thomas J. (Chicago, IL); Ponschke; Michael P. (Lockport, IL); Thelen; Gary F. (Palos Park, IL)>>
"The other inventors of the underlying patent have not been willing to assist the Patent Owner." -New Technology Partners, Inc.
Once again, due dillegence in investing is appropriate, but I'm just a circuit hacker so what would I know.
tugofwargame, I don't especially appreciate being called a liar, either by friend or by foe.
Since you were evidently unable to read NTP's document for yourself, I will transcribe an extract from it:
"Unfortunately, as the Office is aware, the lead inventor, Thomas Campana is now deceased and unable to provide his views. One of the other inventors has not been willing to assist Patent Owner and the third does not have the extensive technical knowledge needed to address the issues being raised."
The REAL WHINERS have always been RIM..They stiffed NTP well knowingly using their IPR expecting[?] to get away with it!After getting caught they petitioned the Canadian gov't to help them as it would mean Canadian jobs!Hell, if the Canadians paid for their own "protection"that they now get free from our Armed Forces they have more employment!Instead they sit up North rejecting everything about the USA[yea..we have our embarssment..GWB] wave their Maple Leafs and "pretend" they are holier than us!Second rate country living off our largesse..next time someone wants to invade let em!
***** FLASH!!! hannibal7878 OUTWHINES NTP!!! *****
Favourite television station? Let me guess. .... I know -- FOX NEWS .... "fair and balanced" (??!?!?!!?)
"next time someone wants to invade let em!"
Next time we're invaded, who do you think is the most likely invader?
= = = = =
They'd take Halifax (then we'd kill Kenny)
By SHAWN MCCARTHY
Saturday, December 31, 2005 Posted at 10:00 AM EST
From Saturday's Globe and Mail
NEW YORK � We called their President a moron, and they called us the "retarded cousin." Their ambassador warned about the repercussions of aggressive rhetoric, and our Prime Minister aggressively asserted we will not be "dictated to."
In another age -- or in a Marx Brothers movie -- the escalation of insults and diplomatic contretemps could lead to only one thing: "Of course you know," Groucho famously intoned, "this means war."
Perhaps as a public service to their side, The Washington Post yesterday dusted off a 75-year-old U.S. plan to invade Canada, offering it as a contrast to the situation in Iraq, where, it suggested, there was no plan.
First approved in 1930, Joint Army and Navy Basic War Plan - Red was drawn up to defend the United States in the event of war with Britain.
It was one of a series of such contingency plans produced in the late 1920s. Canada, identified as Crimson, would be invaded to prevent the Britons from using it as a staging ground to attack the United States.
But having successfully captured Canada, the military planners had no intention of giving it up. "Blue [the Americans'] intentions are to hold in perpetuity all CRIMSON and RED territory gained," they wrote in an appendix.
The plan was withdrawn in 1939, declassified in 1974 and had gone largely unnoticed in a grey box at the National Archives until The Post, echoing the call-to-arms one hears from the drum-bangers at Fox News and elsewhere, resuscitated it under the headline, "Raiding the icebox."
The Post writer helpfully noted the presence of a potential fifth column in the Americans' midst, and chortled at the prospect of Celine Dion and Mike Myers being carted off to Guantanamo Bay in orange jumpsuits.
Canadian officials, predictably, refused to take seriously the report of a 75-year-old U.S. invasion plan.
"We found it amusing, and we'll just have to make sure that our plans are up to date as well," laughed Jasmine Panthaky, a spokeswoman for the Canadian embassy in Washington.
"From time to time, this thing does come up. I guess it's one of those curiosities in the relationship, given that we've been in the news a fair bit. . . . This is just a question of something that has resonance at a time when Canada is receiving its 15 minutes of fame."
Clearly, there are some U.S. radar screens you'd rather not be on.
Having once promised to repair a strained relationship, Prime Minister Paul Martin has apparently decided that an election campaign is a good time to chide the Bush administration for its failings. The U.S. ambassador to Canada, David Wilkins, responded in kind, urging the Prime Minister to cool the rhetoric or face repercussions -- a message to which Mr. Martin responded like a big-league slugger hitting a batting-practice lob over the fence.
The professional stirrers of strife on U.S. cable channels briefly focused on Canada and didn't like want they saw. MSNBC's Tucker Carlson said that all the intelligent Canadians had long since moved to New York and likened the country to a "retarded cousin." On Fox News, where embattled anger is the abiding emotion, talk show host Neil Cavuto said Canadians had "gotten too big for their britches" and may soon be an enemy of the United States.
"The REAL WHINERS have always been RIM..They stiffed NTP well knowingly using their IPR expecting[?] to get away with it!After getting caught they petitioned the Canadian gov't to help them as it would mean Canadian jobs!Hell, if the Canadians paid for their own "protection"that they now get free from our Armed Forces they have more employment!Instead they sit up North rejecting everything about the USA[yea..we have our embarssment..GWB] wave their Maple Leafs and "pretend" they are holier than us!Second rate country living off our largesse..next time someone wants to invade let em!"
Protection? from whom, Canada has no enemies, unlike the US, which has plenty. Second rate country? even our homeless people have free heathcare.
Thanks for the links and commentary with a bit of levity as well.
NTP really should have staffed up a bit to handle the paperwork or hired a law firm that has the staff to generate some billable hours during the crunch period. They can't be this naive of the demands of patent litigation.
"...not been given an explanation as to why it is being singled out for special treatment by the PTO ..." They also appear unaware the scrutiny that this and other patent suits are getting from the Courts, the legislative branch, and other governmental users.
NTP has investors and individuals who will make considerable millions if successful. No one hands you $450 million (or $1 Billion or $1.5 billion-insert your favorite settlement number) without a little effort on your part.
Again, nice job! I intend to do a piece on my blog, http://moneygrab.blogspot.com in a few days.
Yah, it's a little more complicated. Having no staff as such, No Trademarks or Patents (NTP) farms out their legal work to Wiley Rein & Fielding
a couple of dozen of which are shareholders in NTP (about 1/3 ex-secretary 2nd wife widow, 1/3 Donny ("The Weasel") Stout, 1/3 the others). The main guy, with a 50-year-old picture is James H. Wallace Jr.
However, since soon-to-be-millionaires can't be seen to be doing menial tasks, at least some of these appeals are in turn farmed out to Hunton & Williams
with Brian M. Buroker being the actual guy there
who is presumably the one who sent the first extension petitions to the wrong address at the PTO, delaying processing by a week, giving NTP an even tighter deadline to whine about. Just an accident?
>>>4. "Moreover, Patent Owner has not been given an explanation as to why it is being singled out for special treatment by the PTO ..."<<<
Of course they have. One of the decisions from the patent office made it pretty clear that they were focussing on the file because of the implied criticism from Judge Spencer and because millions of (influential) people are facing disruption to their BlackBerry service.
The Patent Office understands perfectly well that if Dick Cheney's BlackBerry goes dark someone is going to get a whupping and they want to make sure it isn't them.
(But you knew all that truth_in_government)
<<6. "Dr. V. Thomas Rhyne has been very active on other matters during this same period of time based on deadlines imposed long before the Office began its barrage of seven Office Actions issued in thirty days."
Barrage? Sniff, sniff, sniff, sniff, ...
= = = = =
The rest is pretty much as before ..... including my favourite bit, one of the co-inventors not being willing to assist NTP, the other not having enough technical knowledge. (?!?!?)>>
It's just amazing to me that in spite of the fact that one co-inventor wants nothing to do with this nonsense and the other is the technical equivalent of Sgt. Schultz _and_ that there is exactly one expert in the world with enough meditation on the teachings of the late Mr. Campana (at some ashram in a non-extradition country one assumes) to explain the wonders of NTP's technologies and their "significant meanings" that 32,000 (that's THIRTY-TWO THOUSAND) additional claims resulting from that one creative surge back in 1990 were somehow communicated from beyond the grave to honest Don Stout just recently.
It must have been a wireless post-mortem e-mail from dear dead Tom.