Whether a particular patent is valid has potentially far-reaching implications. Novelty or newness

is the basic underpinning of every invention that leads to a patent.

After a patent has been granted, parties may seek to defeat its validity in litigation by arguing

that the patented subject matter was not novel at the time of invention. There may be a showing

that the invention at issue was anticipated by

what is referred to as prior art.

Given the vast access to information now provided by the Internet, parties have a much greater

ability to search for and potentially find prior art with respect to particular patented inventions. It

is in this context that along comes Article One Partners, LLC (Article One). Article One has just

launched a "new global community to legitimize the validity of patents."

Article One seeks to have its member "Advisors" submit previously difficult to find prior art

evidence relating to the validity of "high profile patents." Article One in turn intends to analyze

this information to determine whether it can show patents to be legitimate or invalid.

If Article One concludes that patents are invalid (the real focus), Advisors can earn up to

$50,000, with a total of $1 million being offered potentially at launch. Furthermore, Advisors

who actively build the Article One community can earn compensation in Article One's profit

sharing plan.

A patent is a powerful government-granted right that enables a patent-holder to prevent

competition with respect to an invention for a certain period of years. Article One claims that its

efforts are intended to "restore the patent system to its original intent of granting exclusive rights

for true innovation."

Accordingly, Article One apparently believes that prior art that establishes that a patent has been

granted for an "invention" that in fact was not novel should be used to invalidate the patent.

Online Effort To Ascertain Validity of

Eric Sinrod,

potentially or newness

that leads a granted, parties may seek to defeat its validity in litigation subject matter was not novel at the time of to information by the Internet, parties have to search art with respect Article LLC One has "global community One to have its member "Advisors" submit previously difficult validity patents." One in turn intends to determine legitimate or One concludes that patents can being at the One community can in government-granted that enables respect patent system to its original intent Article One apparently believes that prior art that establishes that a patent has that in fact was not novel should be used Document hosted at

http://www.jdsupra.com/post/documentViewer.aspx?fid=d823de01-1f74-4fc4-95f1-750dc0798bb6

Article One's name comes from that portion of the United States Constitution that provides that

"the Congress shall have the power . . . to promote the progress of science and useful arts, by

securing for limited times . . . inventors the exclusive rights to their discoveries."

Lest we not be mistaken, for some time already the Internet has been used by others to harvest

information of prior art that may have anticipated particular patented inventions. But here,

Article One seeks to provide financial incentives to potential global Advisors in one community

to come forward with possible prior art information.

Article One states that its mission is to "evaluate and provide information to the patent industry."

One would think that that means that Article One could become a support player in patent

litigation against patent holders. Time will tell whether Article One's approach will gain traction.

Eric Sinrod is a partner in the San Francisco office of Duane Morris LLP

(http://www.duanemorris.com) where he focuses on litigation matters of various types, including

information technology and intellectual property disputes. His Web site

is http://www.sinrodlaw.com and he can be reached atejsinrod@duanemorris.com. To receive a

weekly email link to Mr. Sinrod's columns, please send an email to him with Subscribe in the

Subject line. Published: 11/20/2008