good read ....thanks...

'Despite the increase in obviousness arguments, attorneys say there are still plenty of ways to fend off an obviousness attack. Slenkovich, for one, said attorneys have used affidavits and other materials from experts to prove that an invention was novel."

Bans(Msystems) prior art is directly compared in 445. The difference is very evident. IMO...it should help in the obviousness test, if the bulk of infringement are of 445 claims.

Bans prior art was incorporated into the PCMCIA standards.....just as Sandisks patent was. I guess the courts ruling on the Sandisk/Lexar arguement, gave no consideration to the fact that Sandisk secretly worked with having their patent implemented only to stick it to everyone once implemented.

Politics

doni