Re: Federal Circuit Court affirmed the US Patent Office Decisioninvalidating Freedom Scientific's patent and eliminating theirclaims against GW Micro


Adrian Spratt
 

Gary,

Thanks for posting this link. When I followed it, I reached a plain search
page. However, if you just fill "freedom scientific" in the case name, you
bring up the link to the recording of the oral argument.

The first lawyer up is the one representing FS. I found it hard to follow
his line of argument, probably because he was relying heavily on the briefs
and the record of the patent proceeding. I realize some will ascribe a less
flattering reason. The lawyer for GW makes the case much clearer for those
of us who are unfamiliar with the briefs.

Whatever your feelings about litigation in this area or the merits of this
specific case, GW's lawyer helps me understand the technology behind
screenreaders better than I had before. That alone could make this recording
worth the time.

-----Original Message-----
From: Jfw [mailto:jfw-bounces@lists.the-jdh.com] On Behalf Of Gary King
Sent: Monday, October 29, 2012 1:13 PM
To: jfw@lists.the-jdh.com
Subject: Fw: Federal Circuit Court affirmed the US Patent Office
Decisioninvalidating Freedom Scientific's patent and eliminating theirclaims
against GW Micro

Federal Circuit Court affirmed the US Patent Office Decision invalidating
Freedom Scientific\'s patent and eliminating their claims against GW
MicroHopefully, FS will finally give up on the lawsuit against GW Micro and
devote their resources to improving JAWS for Windows and their other
products!

Gary King
w4wkz@bellsouth.net
----- Original Message -----
From: dan@gwmicro.com
To: gw-info@gwmicro.com
Sent: Monday, October 29, 2012 8:45 AM
Subject: Federal Circuit Court affirmed the US Patent Office Decision
invalidating Freedom Scientific's patent and eliminating their claims
against GW Micro



In July of 2008 on my first day back in the office after the Sight Village
conference, someone entered our office and handed me a summons and
notification of a lawsuit brought on by Freedom Scientific against GW Micro.
They received a patent for certain screen reader features and our response
was that Window-Eyes had those same basic features several years prior to
their patent. This was the beginning of a long waste of time and money,
which finally came to a close last week. GW Micro is vindicated - it's over
- the court decided in our favor!

I won't provide all the details but in general, the Patent Office reexamined
their patent at our request and found it to be invalid in view of prior art.
Both the patent examiner and the Board of Appeals in the Patent Office came
to the same conclusion - the patent is invalid. Despite those results, they
asked for a federal court to review the decision and again they came to the
same conclusion as everyone else. You may listen to this final argument by
going to
http://www.cafc.uscourts.gov/oral-argument-recordings/search/audio.html
search for Appeal 2012-1145, listen to the MP3 file and you will easily come
to the same conclusion as everyone else. Their original patent should not
have been granted in the first place and without the patent, there are no
grounds for their lawsuit against GW Micro. If you decide to listen to that
file, you should be aware that it is a large file, which will take some time
to download.

We want to thank you all for the many words of encouragement, support and
prayers that we've received over these past 4 years. Not one person ever
suggested that we should do anything other than fight and defend ourselves.
However, the sad fact is that actions like this hurt all of us. This caused
a waste of dollars and time for both our companies, which could have been
spent improving existing products and developing new ones.

GW Micro chooses to take the path of creating new products, features and
innovations and our recent release of our Window-Eyes 8 public beta
illustrates that perfectly. If you haven't done so already, I hope you will
give it a try. Simply doing that will show your support of GW Micro. We
promise to continue to work hard and conduct business in an honest and
proper fashion. The reputation of GW Micro will never be litigation instead
of innovation.
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