By John L. Rogitz of Rogitz & Associates
John Rogitz has conducted extensive domestic and foreign prosecution in the areas of computer hardware and software for high-tech institutions. He has also conducted extensive patent prosecution in the biomed field, including medical instrumentation, as well as in the fields of superconductors, magnetic resonance imaging, materials and consumer electronics. Mr. Rogitz can be reached at 619-338-8075.
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Availability of Web posting as invalidating publication: Reversing a summary judgement that a paper posted for seven days on the Interent is "available to the public" and, thus, holding that on summary judgement the paper cannot be used as a Section 102 bar, CAFC notes that (1) the server on which it was posted had no catalogue or index or other tools for customary and ordinary research; (2) neither the location nor mnemic structure for files in the relevant subdirectory were identified; (3) only one non-insider specifically knew about the availability of the paper. All of this meant, per the majority, that the record on summary judgement failed to show that an anonymous user skilled in the art would have gained access to the server and freely navigated through the directory structure to find the paper, relying on the fact that the author felt it necessary to give the link to skilled artisans to whom he wanted to show the paper, SRI Int'l, Inc. v. Internet Security Systems, Inc....
