Ok, I'm a little fuzzy about the patent process. Does this mean
a local prof who writes up a little cgi script for students to use
is violating these folks' patent??  If so, how did these people manage
to get this patent, since there's a ton of "take tests and polls on the
internet"
software out there already?




----- Original Message -----
From: "The Fool" <[EMAIL PROTECTED]>
To: "Brin-L" <[EMAIL PROTECTED]>
Sent: Saturday, February 08, 2003 4:19 AM
Subject: patents, patents, everywhere


> http://neohio.craintech.com/cgi-bin/article.pl?articleId=2416
>
> Looking to profit from patent
> 4:59 AM Feb. 03, 2003
> By JEFF STACKLIN
> Universities do it. So does the government and employment agencies.
>
> It is online testing, and it has become part of the lives of many people
> required by their employer or school to pass an exam.
>
> As of last week, Test Central Inc. in Cleveland owns the U.S. patent to
> conduct testing via the Internet and, in essence, owns the online testing
> business. It�s a market that exceeds $10 billion a year, according to a
> study the Gartner Inc. technology research and consulting firm performed
> for the company in 1999, said Test Central co-founder James F. Koehler.
>
> However, don�t look for the four-employee company based in the Buckley
> Building in Playhouse Square to pursue every university and business that
> sells tests over the Internet for �infringing� upon the sweeping patent,
> said CEO Jim Posch. Instead, Test Central plans to sell or license the
> patent to a large online testing company or consulting firm.
>
> Whoever buys or licenses the patent then can go after their competitors,
> Mr. Posch said.
>
> �We�re trying to find an organization that will get the most benefit out
> of (the patent),� Mr. Posch said. �They would be able to close the door
> on their competitors.�
>
> Although company officials say they have discussed an asking price for
> the patent, they would not disclose it publicly. Mr. Posch said the price
> and whether it�s an exclusive arrangement remains open for negotiation.
>
> Test Central was granted the patent, which covers �making a test and
> posting the test online�for potential test takers,� last Tuesday, Jan.
> 28. (Read about all the patents issued to local companies recently.)
> Charles Stack and John Anderson, the founders of the company, applied for
> the patent in February 1999. Mr. Stack also founded the Cleveland-based
> software company Flashline Inc.
>
> Attorney John J. Del Col, of the Cleveland law firm Renner, Otto,
> Boisselle & Sklar LLP, said the process to get the patent was �routine,�
> despite taking nearly four years. Now that Test Central has it, it is up
> to the company�s competitors to challenge the patent�s validity.
>
> �Under U.S. Patent law � any challenger must beat the burden of clear and
> convincing evidence to overturn a patent�s validity,� Mr. Del Col said.
>
> Mr. Koehler, a lawyer who manages the business practice group at
> Cleveland law firm Gallagher, Sharp, Fulton & Norman LPA, said patent
> litigation is extremely expensive and Test Central �can easily spend $1
> million� defending a single infringement claim.
>
> �It makes sense to license the patent instead of trying to enforce it,�
> Mr. Koehler said. Besides, Test Central last summer changed its focus to
> the sale of online testing and survey-taking software from selling tests
> over the Internet.
>
> Even so, Mr. Posch said the company wants to offer its software and use
> of its �Test.com� domain name as part of the deal. Along with the patent,
> Mr. Posch and his colleagues say they have a tremendous asset.
>
> Test Central notified 400 potential buyers in December that it was
> pursuing and about to receive the patent, Mr. Posch said. Since then,
> about 20 companies have responded, he said. He declined to identify the
> potential suitors.
>
> �They really wanted to know how this impacts their businesses and who are
> these guys at Test Central,� Mr. Posch said of the companies that
> responded to the Test Central�s initial letters. �We�re trying to give
> them the impression that we want to work with them.�
>
>
> _______________________________________________
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>

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