The following is posted for Tom Lepsche.

From:  Lepsche, Thomas  (NM75)
> Sent:  Monday, September 14, 1998 12:16 PM
> To:  'TechNet E-Mail Forum.'; [log in to unmask]
> Subject:  RE: [TN] soldering patents
>
> Ed,
>  For my own information I ran this by my patent attorney. His
> response is as follows:
>
> (Tom, feel free to provide this information to your colleagues as long as
> the disclaimer accompanies it.)
>
> I didn't read the abstract nor do I know anything about the process but
> here are some general comments. Without knowing more about the patent's
> history, it looks as if the patent below still has about 5 years left
> (assuming maintenance fees were paid to keep it active, if not, then it
> goes into public domain).
>
> A process can be patented. Once a patent issues it is presumed valid. This
> presumption can be overcome if the accused infringer can show that there
> are facts in existence that would indicate the patent should not have
> issued in view of public domain facts.
>
> During the life of the patent (17 years from date of issue or 20 years
> from date of filing), patents are not public domain;  a patent cannot be
> practiced by anyone without permission or license from the patent owner.
> This applies to any case in which the patented invention is made, used
> (even for internal use such as assembly), or sold.
>
> If a party knowingly practices the patented invention without permission,
> then that party may be liable to the patent owner for triple the amount of
> damages suffered by the patent owner (known as treble damages for willful
> infringement). On the other hand, if a party obtains the legal opinion of
> an attorney which says the patent is not valid (due to, for example, other
> prior publications or patents), then the willfulness is removed but the
> accused infringer may still be liable for the underlying damages.  Such an
> opinion would consider facts from the public domain, such as expert
> witness testimony, publications or patents predating the patent in
> question, facts relating to the sale of the patented invention (there is a
> one-year grace period for filing a patent application following a sale or
> offer to sell an invention).
>
> The patents and publications that are referenced on the face of the patent
> are those that were considered by the US Patent Office during the
> examination. Merely because a patent issues over those references does not
> mean that the patent can be practiced without obtaining permission to use
> other patents as well. (A patent gives the patent owner the right to
> exclude others from making, using, or selling the invention and not the
> right to practice those rights.) The patent office tries to consider all
> relevant information, but it is not always available at the time of
> examination.
>
> The best bet is to have a patent attorney evaluate the patent in view of
> the particular process being contemplated.
>
> Please let me know if you have other questions.
>
> Legal Disclaimer: The information contained in this email message is
> intended to help you understand some basic legal concepts that may affect
> your business initiatives under a confidential relationship. This email
> should not be interpreted as legal advice or a legal opinion. The
> providing of this email does not create an attorney-client relationship.
> Do not act or rely upon law-related information in this form without
> seeking the advice of an attorney; the information should not be
> substituted for the legal analysis that can be provided by your attorney.
> Semper Fi
> Tom
>
> ----------
> From:  Ed Holton[SMTP:[log in to unmask]]
> Sent:  Wednesday, September 09, 1998 6:32 AM
> To:  [log in to unmask]
> Subject:  [TN] soldering patents
>
> Fellow professionals:
> Yesterday, while doing some research on soldering and a new soldering
> method, I discovered that there is a number of U.S. patents for soldering
> and soldering techniques.  I remember several months ago, there was some
> discussion about another company having a general SMT assembly process
> patent, but I never found out what the resolution of the issue was.  For
> example, below is a copy of the abstract of U.S. Patent # 4,605,153 I
> found
> during my research.  To me, this sounds like the reflow pads used for MELF
> components.  I have used this pad numerous times over the years, getting
> the idea, and seeing it discussed in SMT magazines, at NEPCON seminars,
> and
> in the IPC design standards.  There were numerous other patents listed as
> reference with this patent, all pertaining to soldering.
>
> I am not a patent lawyer, and my knowledge of law is limited to one
> Business Law class in college and the reading of John Grishm novels.  I
> consulted our company lawyer, and he has a basic knowlege of patent law,
> but was unable to answer the question.  He could research it futher.  I
> thought I would ask my fellow professionals first.
>
> The question:  If there is a U.S. Patent for a soldering process, can the
> method be used by other companies for assembly? If it is a new process, is
> permission needed, etc.?  If the process is already in use, learned as
> described above, what are the legal ramifications?  All of my assembly
> knowledge is based on practical experience, reading of journals, training
> classes and discussions with you, my fellow professionals.  Never has
> anyone ever stated that an assembly process is patented, and you must
> obtain permission to use this process, or pay royalties, etc.  To find
> that
> a SMT pad design is patented really amazed me, if this idea is patented, I
> am sure that with futher research that there are numerous other patents
> for
> all aspects of assembly and soldering.  At what point, or how is it
> determined if the patent is proprietary or is it public domain?
>
> Thanks
>
> Ed Holton
> Manufacturing Engineer
> Hella Electronics
>
> THE PATENT:
>
> United States Patent
>
>             4,605,153
>  Van Den Brekel, et. al.
>
>          Aug. 12, 1986
>
>
> Shaped solder pad for reflow soldering of surface mounting cylindrical
> devices on a circuit board
>
>                                              Abstract
>
> A solder pad is provided at each end of a mounting position for a
> cylindrical electronic device on a circuit board. Each solder
> pad has two humps of solder spaced apart in a direction normal to the axis
> of the device, the humps defining a channel in which
> the end of a device can rest prior to being reflow soldered. The humps
> have
>  a convex arcuate outer surface in plan view and
> when viewed in a direction parallel to the axis of the device has a
> profile
>  which is of convex arcuate form. The humps are
> formed by depositing a thick patch of solder paste at each hump position
> and heating the circuit board and solder paste to melt
> the paste. After positioning of devices, the solder is reflowed to attach
> the devices.
>
>
>  Inventors:
>           Van Den Brekel; Jacques (Nepean, CA); Ho; Thomas K. Y. (Ottawa,
> CA).
>  Assignee:
>           Northern Telecom Limited (Montreal, CA).

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