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Review copies are provided under NDA | 138 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Review copies are provided under NDA
Authored by: Anonymous on Wednesday, January 23 2013 @ 04:10 AM EST
The embargo had apparently been lifted by the 26th.

[ Reply to This | Parent | # ]

You missed the important part there
Authored by: Anonymous on Wednesday, January 23 2013 @ 06:26 PM EST
From your clicky, notice the part of confidentiality only applies to number 1 and that number 3 is about the sale of the device
1. Any written or oral disclosure, even to a single person, counts as a "public disclosure" in most countries--unless the recipient agrees that the information was conveyed in confidence. Disclosures to employees are not considered to be "public disclosures."
2. In the U.S., the "public disclosure" must be a "publication"--that is, in writing. However, do note that slides at meetings and poster sessions are "publications"--as is private correspondence, advertisements, etc.
3. An "offer for sale" counts as a bar to patenting (after the one year "grace period") in the U.S. Showing your product at a trade show may very well count as such.
Of course these aren't the actual laws in Japan and details matter here, a lot. But following these guidelines selling the product under a NDA to journalists my count as public disclosure.

Please also note that this might be the reason that Samsung is going after Apple for these specific documents in court and Apple seems to be fighting it pretty hard. The journalists who got the iPhones could be bound by the NDA so Samsung would need to get the proof from Apple.

IANAL

[ Reply to This | Parent | # ]

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