FAT Patent Fight Not Over Yet
Although the patent office has reaffirmed a pair of FAT patents held by Microsoft, sources indicate that this will not be the end of the story of efforts to overthrow these patents.On Tuesday, the U.S. Patent and Trademark Office reaffirmed a pair of patents held by Microsoft covering the File Allocation Table, but sources close to the Public Patent Foundation indicate that this will not be the end of the story of efforts to overthrow these patents. Sources said, "The re-issuance of the patent is based on the examiners having accepted an argument previously advanced by Microsoft and previously rejected in the history of the patent, so documented on the file wrapper [the docket sheet of activity which accompanies each patent]." Therefore, the PUBPAT (the Public Patent Foundation) is "not precluded from bringing a new re-examination request, and there is every reason to believe that [it] will be doing so."
Officially, Dan Ravicher, PUBPATs executive director and founder, said, "If Microsoft sues anyone for infringing them, the defendant in any such suit can raise any defense theyd like, including invalidity, and even including invalidity in light of this same prior art."