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| Authored by: Anonymous on Monday, December 03 2012 @ 04:49 PM EST |
| The exceptions to Apple's disclaimer are: "expires for failure to pay a
maintenance fee; is held unenforceable;
is found invalid by a court of
competent jurisdiction; is statutorily disclaimed
in whole or terminally
disclaimed under 37 CFR 1.321;
has all claims canceled by a reexamination
certificate; is reissued;
or is in any manner terminated prior to the
expiration of its full statutory term
as presently shortened by any terminal
disclaimer" Under any of these exceptions the disclaimer is no longer in
force.
Like PJ said a lot of backdoor exits. Hard to believe Apple has the
moxie to include these exceptions in it's filing.
[ Reply to This | Parent | # ]
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| Authored by: soronlin on Monday, December 03 2012 @ 05:54 PM EST |
This is probably important, since several people including PJ seem to be
mis-reading it.
The patent owner, Apple Inc., of 100 percent
interest in the U.S. Patent No. D618,677 hereby disclaims, except as
provided below, the terminal part of the statutory term of U.S. patent No.
D618,677 which would extend beyond the expiration date of the full statutory
term of prior U.S. Patent No. D593,087, as the term of said prior patent is
defined in 35 U.S.C. 154 and 173, and as the the term of said prior patent is
presently shortened by any terminal disclaimer. The patent owner hereby agrees
that U.S. Patent No. D618,677 and the prior patent are commonly owned. This
agreement is binding upon the patent owner, its successors, or assigns.
In
making the above disclaimer, the patent owner does not disclaim the terminal
part of the term of U.S. Patent No. D618,677 that would extend to the expiration
date of the full statutory term as defined in 35 U.S.C. 154 and 173 of
the prior patent, as the term of said prior patent is presently shortened by
any terminal disclaimer, in the event that said prior patent later: expires
for failure to pay a maintenance fee; is held unenforceable; is found invalid by
a court of competent jurisdiction; is statutorily disclaimed in whole or
temrinally disclaimed under 37 CFR 1.321; has all claims canceled by a
reexamination certificate; is reissued; or is in any manner terminated prior to
the expiration of its full statutory term as presently shortened by any terminal
disclaimer.
This parses as follows:
Apple Inc.,
disclaims, the terminal part of the statutory term of U.S. patent No. D618,677
which would extend beyond the expiration date of the full statutory term of
prior U.S. Patent No. D593,087 So '677 does not survive past the
end of '087.
The second paragraph describes what happens
if:
[U.S. Patent No. D593,087] later: expires for failure to pay a
maintenance fee; is held unenforceable; is found invalid by a court of competent
jurisdiction; is statutorily disclaimed in whole or temrinally disclaimed under
37 CFR 1.321; has all claims canceled by a reexamination certificate; is
reissued; or is in any manner terminated prior to the expiration of its full
statutory term as presently shortened by any terminal
disclaimer.
ie if '087 terminates before its statutory date, and in
this event:
[Apple Inc.] does not disclaim the terminal part of the
term of U.S. Patent No. D618,677 that would extend to the expiration date of the
full statutory term ... of [U.S. Patent No. D593,087].
The rest is
legal verbiage that has no effect on the sense of the words.[ Reply to This | Parent | # ]
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