Moore and Fish filed their application no later than 1989 if memory serves. That means that Fish would've needed to attempt to sell the product/idea/etc one year before the application file date imo.

An item becomes Prior Art against a later filed patent application if the item is "on-sale" more than one year before filing a patent application. "A person shall be entitled to a patent unless. . . the invention was. . . on-sale in this country, more than one year prior to the date of the application for patent." 35 U.S.C. § 102 (b).

http://www.japalaof.com/marketing-of-invention.html

After a patent application is filed then selling/marketing the product/idea/etc is acceptable. I went through this with my contacts patents a while back.

Qualifier: I am not an IT attorney, but I did stay at a Holiday Inn Suite last night. Bringing back some of the old humor during more civil times.

GLTAL