If you tried to contest that in a court room you would have to prove "ownership of the prior art"
If you couldnt - you're dead before you begin the case.
That is why if you want to protect your "prior art" you must have proper protections in place.
If those proper protections are not present - anyone could use it - and you would have to prove ownership.
A case like that simply wouldnt get filed. An IPR protection or Patent Attourney simply wouldnt waste their, and the companies time
__________________
Militant sea dog
|