This comment first was posted in this thread by Ian Walker.
In reply to telessar [see here]
Actually, I sort of agree on enforceability. 🙂 it may or may not be enforcible but that is not the purpose. The purpose of the first patent is establishing a claim of prior art excluding others from claiming the same. It is the subsequent patents of smaller aspects that will each be the enforcible patents.
Rossi has planted the flag, it is a Granted Patent, a done deal, a root patent where every other case has to take place from that point. An inescapable start point.
This will be a patent war at least as long term and varied as that which characterised the Wright Brothers and Curtis or Edison and Westinghouse or Apple and Erickson. It is going to be about which companies have the most ammunition in terms of multiple patents and the deepest pockets to pay for the lawyers and how long competitors can afford to sit stuck in the courts behind court orders preventing them from selling or d eveloping, paying endless court fines for infringment, while Rossi continues to develop and sell or whether they just have to give up and license from Rossi because it is cheaper.
Rossi’s first patent is part of a Patent Strategy and a textbook example of how to do it in terms of gaming the appeals process.
Kind Regards walker