Re: [Patents] E-Data to Pursue Enforcement of Patent on Distribution of Song Tracks in Europe

[Xavi Drudis Ferran <xdrudis@tinet.org>]

El Tue, Oct 14, 2003 at 04:03:13PM +0200, Serge Marelli (LiLux) deia:
> <xdrudis@tinet.org> wrote :
> 
> 
> > El Mon, Oct 13, 2003 at 06:11:24PM -0400, Seth Johnson deia:
> >
> > >
> > > Mr. Brodsky added, "Microsoft, Tiscali and OD2 are working to build a
> > > service in Europe that would parallel iTunes Music Store, a successful
> > > music downloading service developed by Apple in the United States.
> > > However, these companies have not done their homework on patent rights
> > > before launching the service in Europe. We are confident in the scope
> > > of our patents as demonstrated by our favorable rulings in the U.S.
> >
> > Maybe it is Brodsky who has not done his homework regarding geography.
> > Did he notice Europe is not under US law or case law ?
> 
> It's worse than this.
> This is about a European patent granted by the EPO...

I know 

> Possibly (hopefully) one of the patents that might be unacceptable with the
> current version of the Directive...
>

... and with the current laws based on the EPC.
 
> The question that's bothering is whether the judge will accept the patent as
> valid or not.
>

My remark was only about the fact that saying that being successful in the USA
in a lawsuit "demonstrates" the outcome of a lawsuit in Europe is a 
non-sequitur


-- 
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Xavi Drudis Ferran
xdrudis@tinet.org