Follow up to good weekend discussion regarding "Prior Art"
posted on
Oct 23, 2006 10:54AM
Spoke with a Partner at one of the largest IP firms in US. Asked him about “Prior Art” and whether or not it would be addressed during the “Discovery” process. He stated that if “Prior Art” was being used by the defense, that it would definitely be addressed during the “Discovery” process, however, responses to discovery are not filed therefore we the public will not have access to this information via Pacer. He also said that sometimes “Prior Art” is addressed during the Markman hearing, but only under certain situations, therefore it is most likely that we would not hear from the court any information pertaining to “Prior Art” until trial, if it goes that far. GLTAL