Originally Posted 1/15/08
For those like me who before today were unaware of this principle derived from the teachings of a 14th-century Fraciscan friar, Occam’s Razor goes something like this:
All things being equal, the simplest solution is the best
As recently outlined in the Patently-O blog, this solution was recently applied by U.S. District Court Judge William C. Griesbach in ASP v. IQ Hong Kong. In that case, the defendants alleged that the inventor backdated a drawing to overcome prior art. To prove their case, the former FBI chief of questioned documents testified on their behalf that it was a “near certainty” that the sketch had been falsely backdated. The plaintiff’s countered with a series of reasons about how the defendant’s evidence could have occured without backdating The then applied Occam’s Razor to rule for the defendant.
If the plaintiff’s lose on appeal, they could be civilly liable for defendant’s attorney’s fees, court costs, and may potentially be criminally liable if they are found guilty of fraud.
Moral? Don’t cheat. This isn’t the first, nor will it be the last time that someone is likely caught doing what they shouldn’t in an attempt to enforce their patent rights. You won’t be in this position if you keep thorough records during development and listen to your patent attorney.
