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In its observations of 19 August 2004, Microsoft identifies a few current European patents and two pending European patent applications covering the communications protocols issue to compulsory licensing. According to the opinion of Mr Knauer, annex T.five, referred to at paragraph 91 higher than, many communications protocols utilized by Home windows server operating methods to offer file and print products and services and person and group administration expert services are coated by patents, specifically (i) the DFS (Distributed File Procedure) protocol, lined by Patent EP 0 661 652 B1; (ii) the SMB Protocol, coated by Patent EP 0438571B1; and (iii) the Dispersed Ingredient Object Model Remote protocol, covered by Patent EP 0669020B1. The patent programs relate into the Constraint Delegation and Energetic Directory Internet sites protocols. . . . 136
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CONCLUSON As set forth in SCO's well timed submitted Movement to remain Discovery and its Movement for Enlargement of your time, a continue to be of discovery or enlargement of your time to reply to discovery is suitable for the quick time frame while this Courtroom considers SCO's pending Movement to Dismiss. MORRIS, NICHOLS, ARSHT TUNNELL___________________.
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This statement won't help the competition that Congressintended "anything at all underneath the Solar" to be patentable. To thecontrary, the language supports the other watch: somebody mayhave "invented" nearly anything underneath the Sunshine, however it is "not necessarilypatentable" Until the statutory demands for patentabilityhave been happy. Therefore, the legislative historical past oft cited tosupport small business process patents undercuts, rather then supports,the notion that Congress intended to prolong the scope of section101 to encompass these approaches.
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2nd, Even though the Court purchased SCO to establish code by file and line, SCO hasn't recognized the particular documents or lines of code at concern in possibly UNIX Procedure V, Dynix/ptx, AIX, or Linux with respect to SCO's allegations pertaining to "asynchronous enter/output", "scatter/Assemble input/output" and "SMP". Moreover, SCO fails to detect any lines of code with regard on the Dynix/ptx and Linux documents listed in Desk A of SCO's supplemental responses.
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