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PubPat challenges epicRealm patents asserted against dynamic websites
Wednesday, November 22 2006 @ 10:36 AM EST

PubPat is on the move again. This time, it is asking the USPTO to review and revoke patents epicRealm Licensing Inc. is asserting against dynamic websites, and in connection with that it has filed prior art that the USPTO was not aware of when it issued the two patents in question. You can find the Requests for Reexamination here.

EpicRealm no longer makes any products or provides any services; it sues others, the press release says, including more than a dozen end users. You can read a bit about it here. That, PubPat asserts, is causing "substantial public harm by threatening the way in which much of the most useful aspects of the Web are provided to the public." I so despise software patents. I'm glad PubPat is doing this, but it's ridiculous that someone has to. Here's the full press release, so you can reach your own conclusions.


PUBPAT CHALLENGES EPICREALM PATENTS BEING ASSERTED AGAINST PROVIDERS OF DYNAMIC WEBSITES: Patent Office Asked to Review and Revoke Patent Licensing Company's Widely Asserted Patents

New York, NY -- November 22, 2006 -- The Public Patent Foundation ("PUBPAT") filed formal requests with the United States Patent and Trademark Office today to review two patents held by epicRealm Licensing Inc. that the patent licensing company is widely asserting against providers of dynamic websites, i.e. websites that can produce custom responses to individual visitors or users. In its filings, PUBPAT submitted prior art that the Patent Office was not aware of when reviewing the applications that led to the two patents, described in detail how the prior art invalidates the patents and asked that the patents be revoked.

Despite no longer making any product or service itself, epicRealm is asserting the patents against those that provide information and services to the public over the internet, a group which includes many private citizens, public service organizations and even the U.S. Patent and Trademark Office itself. EpicRealm's assertion of the patents has included the filing of infringement lawsuits against more than a dozen mere end users of allegedly infringing web site systems. PUBPAT challenged the patents because epicRealm's aggressive assertion of them is causing substantial public harm by threatening the way in which much of the most useful aspects of the Web are provided to the public.

"EpicRealm is yet another example of the growing trend of businesses whose sole purpose and activity is to sue others for patent infringement, but the fact that they are claiming rights over the vast majority of websites based on these patents that would have never been issued had the Patent Office known of the prior art we were able to uncover only makes the matter that much more unsettling," said Dan Ravicher, PUBPAT's Executive Director. "Perhaps some day soon Congress will fix the patent system so that such exploitation cannot occur. In the interim, with respect to these specific patents, we expect the Patent Office to look at the new evidence we are providing today and agree with us that they should be withdrawn from issuance."

Copies of the Requests for Reexamination filed by PUBPAT against the two patents epicRealm is widely asserting dynamic websites can be found here.

About the Public Patent Foundation

The Public Patent Foundation ("PUBPAT") is a not-for-profit legal services organization working to protect the public from the harms caused by the patent system, particularly the harms caused by undeserved patents and unsound patent policy. PUBPAT provides the general public and those specific persons or businesses otherwise deprived of access to the system governing patents, with representation, advocacy, and education. To be kept informed of PUBPAT News, subscribe to the PUBPAT News List by visiting To be removed from the PUBPAT News List, send an email with "unsubscribe" in the subject line to

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