AUTHOR: achelmeyerneilk OLIVIER
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AUTHOR: GUEST11:23 back again. Your kind words are much appreciated, 6:22.In<a href="http://dyyrffwlh.com"> rreeading</a> my comments in the dark of a new night, I should not have been snarky; my apologies, particularly to 7:14. Too many late nights, my bad.I've fully read the complaint now, and I really find it quite striking that CSHL and Dr. Hannon repeatedly write that the copied text did not adequately represent or disclose Hannon's invention. Paragraphs 31 and 35 reference points at which Hannon and CSHL could have stopped the problem in its tracks if they'd taken the time to check over the applications with due care, IF the applications didn't cover his work. If the applications did cover it, however, then it's hard to see any way that they could have stopped Vincent's plagiarism and failure-to-disclose the Fire application on an IDS, which still caused quite a bit of harm to them (even aside from the on-the-merits prosecution mess, by creating inequitable conduct issues that could invalidate the entire patent family).Paragraphs 41-42 (pp. 14-15) claim that Vincent tried to argue, based on the text he'd copied from Fire, that the Hannon application was patentable over Fire! While this may not be exactly how it happened, if it's close, the argument couldn't possibly fly. Moreover, by then, Dr. Hannon MUST have known of Fire's work, since that's what Vincent was having to argue against.On the other hand, just for starters, Vincent blatantly failed to comply with his duty-of-disclosure to the USPTO. Didn't the guy ever hear of inequitable conduct before? If the Fire patent application was so close to Hannon's technology that Vincent was copying text from it, then he should have handed it to the USPTO on an IDS form at filing time. That would have gotten his misconduct out in the open much earlier, though (which is probably why he didn't do it). Paragraph 53 items (4)-(5) are absolute killers to his reputation. He appears to have given up his law license; I wonder if the USPTO OED has done anything about him.Yet it wasn't until after September 2007 that one of CSHL's employees started investigating what was going on, reading the applications and Office actions in a critical light, and so on. (Paragraphs 51-54.)I feel quite bad for CSHL and Dr. Hannon, I truly do. The level of misconduct described is shocking. Their third claim (paragraphs 78-88) sounds like a slam-dunk to me. First claim, I don't know how they could prove that they would have gotten claims allowed "but for" Vincent. I wish them the best of luck at trial and with the USPTO (maybe with new counsel, they can salvage something out of their applications).But yes, I think the court should listen to them, certainly on their third claim, and at least giving them a chance on the rest. While they may be overstating the inadequacy of the applications, the plagiarism and inequitable conduct issues were harmful and pf willful.
AUTHOR: GUESTDr.Scorzelli,One of your linked-in posts pptmroed me to approach you. I understand you have have a buffet of ideas, products and clinical needs and are looking forward to a correct alliance. We shall be interested to talk. We are a young medical device company (FDA qualified set-up, ISO 13485 certified), located in Kansas, frequently work with start-ups, early stages and development companies across USA helping them take their products from concept to commercialization. We have excellent connections with state/private VCs in and around Kansas.If you are interested â letâs talk.Tapan MukerjiVice PresidentBiomedical Devices of Kansas1205 E US 24-40 HighwayTonganoxie, KS 66086Phone: 913-845-3851Mobile:913-416-1558Fax: 913-845-3853
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