Join Date: Apr 2003
Location: New York
I don't know all the details of the e-pass patent, but according to USPTO FAQ:
"A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required."
So perhaps they did build or design something way back when. The way I understood it, the court of appeals reversed the previous ruling because it threw out e-pass's claim for the wrong reason (the patent only applies to credit-card sized devices). Hopefully they'll just throw out e-pass's claim for the right reason, whatever that might be.