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Lynn MA Real Estate & Commercial for Sale
24 Properties Found
The median home value in Lynn, MA is $279,950.
This is
lower than
the county median home value of $328,200.
The national median home value is $177,414.
The average price of homes sold in Lynn, MA is $279,950.
Approximately 43.31% of Lynn homes are owned,
compared to 49.59% rented, while
7.11% are vacant.
Lynn real estate listings include condos, townhomes, and single family homes for sale.
Commercial properties are also available.
If you see a property you're interested in, contact a Lynn real estate agent to arrange a tour today!
Sort Results:
1 - 24 of 24 Properties Displayed
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Washington St Lynn, MA 01902
Cooperating BrokerUNITED BROKERS Bridges Valdez
Well known restaurant seats 80 people Fully licensed liquor attached. 2 separate bathrooms.. Everything stays, 4 free standing freezers, 2 coolers, 1 walkin cooler, 2 commercial stoves, with hoods, 1 convection oven, 3 deep fryers, 1 warmer, 2 flat screen tvs , 18 dining tables/chairs, 1 service bar . all dishes , flatware, ect
86-88 Newhall St UNIT 88 Lynn, MA 01902
Cooperating BrokerCENTURY 21 N. SHORE RE Ronda Cogliano
DIAMOND DISTRICT WITH VIEWS OF THE ATLANTIC OCEAN AND CLOSE TO PUBLIC TRANSPORTATION!!! 9 total units combined make up this rare to find mixed use property. The front building consists of 1 retail liquor store, and 5 residential units, 2 of the top floor units need to be repaired as they have been gutted for renovation and not completed. The rear building is a 3 family in good condition and has of 3, 1 bedroom units. ALL tenants are Tenants at Will, and pay below market rent, but property has great rental history and little vacancies throughout the years. There are 7 Parking spaces for tenants use in the driveway. Units have been converted to electric heat but gas cooking still remains available in most units. Property is steps to the Commuter Rail, the bus line, North Shore Community College, and Nahant, Lynn & Swampscott beaches. For the savvy investor this property is truly a diamond in the ruff, located in the Diamond District!
Busy Street Lynn, MA
Cooperating BrokerGREEN STAR REALTY Gulambasir Nagpuria
Well established Convenience store business for sale. Selling American/Spanish grocery with Tobacco and Lottery. Has ATM. EBT and Money transfer service. Low rent and low overhead. Excellent location on a busy street nearby school, church and surrounded by residential neighborhood. Two,15 minute parking spots for customers. Profit making business. Not to miss!
168-172 Broad St Lynn, MA 01901
Cooperating BrokerV & E REALTY Wai Kit Or
A 3-stories of 14639 sqft commercial building for sale in high visible location; right off Lynnway and close to community college and Train Station. High traffic counts. The building consists of 5 commercial spaces; 2 spaces out of the 5 are currently rented by the same tenant. First floor: a lounge nightclub and a pizza restaurant in total around 5,000 sqft and current total rent is $7000. Second floor: A 700 sqft space used to be a hair salon and a 4300 sqft space used to be a manufacture company are currently vacant. Third floor: 1200 sqft a church and rent is $1200. All current rent is $8200 in total monthly gross income, or Could be $11,000+ when fully occupied. Perhaps you as an investor is interested in turning it a mix-use property. Great income. Don't miss the opportunity!
340 Broadway Lynn, MA 01904
Cooperating BrokerM. CELATA REAL ESTATE Silvia Caceda
Great Location in the Downtown Area. The subject property is a Mixed Use property with Commercial Units and 1 Residential Unit. The Building has excellent exposure with a heavy traffic flow during peak house. The Building was recently remodeled with following features: New Central Heating/Cooling Systems, New Electrical, New Plumbing, New Water Heaters, Exterior Siding and Flooring. All Heating Systems are located in the individual units. The Larger Retail Unit is currently being Rented for $1500/month (Triple Net Lease expires 07/2017). The 2nd commercial unit is currently being used by the owner as a retail/office area, however it has the potential to be used as a studio unit. The 2 Bedroom 1 Bath Residential unit is currently being rented for $1500/month, the lease ends 05/2017.
129 Oxford Street Lynn, MA 01901
Cooperating BrokerM.D. REALTY David Tamaren
Great business opportunity to own the only pizzeria on Oxford St. Reviews have been superlative including : everything homemade,open kitchen,awesome food. The restaurant facility offers the following: 25 seating capacity, one bathroom, one floor with approximately 1500 square feet, one office(potential walk-in freezer). Equipment included are the following: pizza warmer, pizza oven, steam table, imperial 6 burner oven, captiva hood, 36" flat grill, 2 fryolators, one stand up 2 door stainless true refrigerator, one stand up freezer, one pizza prep station, one sandwich prep station, 2 utility carts, 3 bay sink, grease trap, 18 commercial dining chairs, 10 two top tables, one childrens booster chair, one hobart deli slicer, one digital scale and miscellaneous pots and pans and kitchen utensils. also facility has one restroom. ANY CONTRACT TO PURCHASE AND/OR P&S MUST BE SUBJECT TO THE LANDLORD ULTIMATELY RELEASING THE SELLERS FROM ANY AND ALL OBLIGATIONS UNDER THE PRESENT LEASE.
334 Broadway Lynn, MA 01904
Cooperating BrokerTONER REAL ESTATE, LLC Colleen Toner
Location, Location!! Second Floor Office Suite in Much Sought After Wyoma Square. Rental Consists of Two Adjoining Offices Offering Approximately 300+ Square Feet. Rent Includes Heat and Trash Removal. Parking Available. Expansion Possibility - Additional 2 Offices Offering 300+ More Sq.Ft Available. Call Today!
Confidential Lynn, MA
Cooperating BrokerGREEN STAR REALTY Gulambasir Nagpuria
Owner absentee business. Seller highly motivated to sell business running in a dense neighborhood with excellent corner location. Offering American/Spanish grocery with lottery and cigarettes, drinks etc. Has ATM and EBT service and also walk in cooler. Affordable gross rent and lease term. Good to run by self or with family help. Seller is occupied with other business. A business opportunity with low investment
70 Commercial Lynn, MA 01902
Cooperating BrokerCENTURY 21 NORTH SHORE Peggy Pratt
HIGHLY VISIBLE.. 2500 square feet!! Located on a popular cut through busy street just a block form the Lynnway, this was a previous convenience store. Suitable for numerous uses including food and retail. Non-metered street parking along Summer St. Property situated in a densely populated area, close to commuter rail and bus lines, schools, businesses, and the downtown area. Heat and hot water are included, tenant pays only electricity. Tons of storage in the basement, beautiful new windows to the street for visuals, frontage and sun light! One car parking in rear for business owner.
201 Boston St Lynn, MA 01904
Cooperating BrokerDEYCH RESIDENTIAL, INC. Dmitry Deych
Unique property with existing 2 family and single family on site. Zoning is mix use/commercial. Several possibilities....buyer to conduct there own due diligence.
433-437 Eastern Ave Lynn, MA 01902
Cooperating BrokerCORNERLOT Scott Laramie
Large mixed-use building with thriving food business plus two large apartments. Unique opportunity in great East Lynn location. Great for investor or owner-operator. Business, equipment and real estate for sale. Must see.
382-384 Western Ave UNIT 384 Lynn, MA 01902
Cooperating BrokerCENTURY 21 HUGHES Richard Powers
Commercial Space for Lease
39-43 Buffum St. Lynn, MA 01902
Cooperating BrokerBARRY REALTY GROUP Timothy Barry
Fantastic, fully Tenanted, 3 story brick building in a great part of Lynn for sale at $585,000. Seller spent close to $200,000 in improvements in the last six years. All new HVAC units, roof new 6 years ago, brick all repointed, electric all separated between Tenants, Central air through-out. Three forced hot air units and one hot water tank.Full basement with sump pump. First floor is restaurant with 5 year lease, in its second year, paying $2000.00/ month.Restaurant has full liquor license and is open for Breakfast, Lunch, and Dinner. Second floor is a Greek Club paying $1,000 / month as TAW, with beer and wine license, and third floor is a two bedroom apartment as TAW, paying $1200.00. This is a great building in a great location.
435 Boston St Lynn, MA 01904
Cooperating BrokerBILL KAFKAS RE Bill Kafkas
Roast Beef - Sub shop in operation for many years. Owner selling due to retirement. Option to buy the building, (business and building for $249,900. Walk-in cooler and freezer. Very good income that could grow. Some owner financing available. Close to Saugus and Rt-1 and only a few minutes from downtown Boston, Cambridge, Somerville, Medford, Melrose, Stoneham, Revere, Everett, Peabody....Easy to show.
30-32 Boston St. UNIT 32 Lynn, MA 01904
Cooperating BrokerBARRY REALTY GROUP Timothy Barry
Great retail space and even better for restaurant. Former Papa Gino's space in vibrant plaza on busy Boston St. Some ducting in place still for Pizza oven, and other ovens. Grease trap also still in floor. Some seats and benches are still in place. We are asking $3,000/ month base rent plus NNN. The roof is two years old.Very clean plaza. This is the only vacancy. Join other Tenants like H and R Block, Home Decor, Brookside Liquors and many more. New CVS just opened across street. Signage allowed on building and on main Pylon sign. Great visibility , right on street. Full sprinklered. Plenty of parking off street. Some free rent available. Bring your business here!
252-254 Maple St Lynn, MA 01904
Cooperating BrokerREAL ESTATE AND COMPANY Judi Moccia
Great opportunity here with excellent exposure. The building has central a/c, upstairs storage, and off street parking. There is also a NEW heating system being installed!!Busy corner with high visibility. Call for more details.
85 Exchange UNIT 302 Lynn, MA 01901
Cooperating BrokerINTERNATIONAL REALTY CORP. Richard Gilberg
Beautiful Office at The Edison with 4 Offices, Reception Area, and Large Conference Room. HVAC, Parking.
168-170 Franklin St Lynn, MA 01904
Cooperating BrokerTHE DRUMLIN GROUP INC. David Hark
Well located business zoned land, comprising approximately 8,350 sq. ft. (two parcels) across from Stop & Shop and near busy Western Ave. and Boston St. intersections. Possible for small commercial operation or assemblage with adjacent parcels.
150-162 Market Street UNIT 1 Lynn, MA 01901
Cooperating BrokerTONER REAL ESTATE, LLC Colleen Toner
Over 2,000 Square Feet Of Office Space. First Floor Of Historic Brick Building With Brand New Elevator, New Sprinkler System , AC, Rubber Roof and Electric. Retail Space and Lower Level Separate Offices, 1 Bath. Great Opportunity For Small Business To Own Space. Zoned For Commercial or Residential End-Use. Visible Location.
527 Western Ave. Lynn, MA 01904
Cooperating BrokerCENTURY 21 NORTH SHORE John Green
First floor is approximately 2100 sq, ft of office space that consists of an open reception area (19x21), 2 private offices (9x11) & (12x11), open area that could be a conference room (16x25) & back area for storage (12x12), also a kitchenette (11x11) & his/hers restrooms~2nd level is approximately 1800 sq. ft. that has a large conference room (13x32), 4 offices (3 are 9x10 & 1 is 13x16) & 2 open floor plan areas (16x22 & 12x22) as well as 2 bathrooms~The space could be reconfigured to the needs of the tenant and divided between the 2 floors.
125 Lynnfield St Lynn, MA 01904
Cooperating BrokerRYVAL HOMES Kevin McCafferty
Don't miss out on this opportunity to own a Great Restaurant & well known Local Landmark! Building, equipment, business & liquor license all included in the sale. Waterfront business with outdoor grilling area & over 40 seats on the water, includes its own dock! Breakfast bar area inside with another 50+ seats. Kitchen & prep area spans 2 floors offering you plenty of space & tons of storage along w/2 large walk-in refrigerators. All of the kitchen equipment has been upgraded within the last 10 yrs. New alarm, security & surveillance system included. Central A/C is 4 years young, Newer vinyl siding, and roof. Easy access to highways & busy Wyoma Square. Sluice pond is nicknamed "Lynnipesaukee" for its amazing waterfront community & neighborhood, there's always something going on in & around Sluice pond to keep it lively & busy! Prime business opportunity that's only come around twice in the last 40+ years on one of Lynn's main streets bringing large volumes of potential customers by!
435 Boston St Lynn, MA 01905
Cooperating BrokerBILL KAFKAS RE Bill Kafkas
Reduced. Excellent opportunity to purchase sub-shop business, Equipment, business with the building. Well established business in operation for many years. All equipment included, that includes walk-in cooler and walk in freezer. Business easy to operate. This is a corner building with parking. All appointment MUST be confirmed with listing broker.
358 Summer Lynn, MA 01905
Cooperating BrokerDON BAKER REAL ESTATE Donald Baker
Combination Auto Sales and Repair Garage. Price includes Class II Used Car License. Tenant Pays $3000 per month. Lease expires 6/30/16.
93 Euclid Ave Lynn, MA 01904
Cooperating BrokerPATCH REALTY GROUP Stephen Sainte-Martin
This modern rental space is in the upper level, main sanctuary of the church with office. Includes heat , hot water, electrical utilities. An opportunity for a growing or expanding congregation. There are two rest rooms (Ladies/3 toilets) (Mens /2 toilets-1 urinal).Coat room. Seats 200. The building has undergone total renovation from top to bottom and is located on a very well manicured street. This opportunity won't last.
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Lynn MA Real Estate Listings Provided By:
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Lynn & Nearby CitiesLynn Real Estate Swampscott Commerical for Sale Saugus Commerical for Sale Nahant Commerical for Sale Peabody Commerical for Sale Salem Commerical for Sale Revere Commerical for Sale Marblehead Commerical for Sale Melrose Commerical for Sale Winthrop Commerical for Sale Chelsea Commerical for Sale


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Jointing sand is the material that is placed between bricks and stone pavers. The primary purpose of jointing sand is to improve the 'interlock' between the 'joints' where each edge meets the edge of another brick or paver. The jointing sand prevents rain and moisture from penetrating the cracks between pieces of brick and causing the soil underneath from washing away causing a shift in position of the bricks. Ant and weed intrusions are also prevented.
Primary Ingredient
Sand, or silica, makes up 80 percent to 95 percent of the mixture and is the primary ingredient in jointing sand. It is often called polymeric sand because of the chemical binder that is put into the mixture. The sand that is used is the same sand used in bags of play sand for filling a child's sand box and in blending with other ingredients to make cement or concrete mixtures.
Chemical Binder
Some mixtures of jointing sand use an organic water-activated chemical binder. Others use a man-made binder. The binder combines with the water and acts as a sealant to further increase the effectiveness of the jointing sand as a barrier to moisture, weeds and ants. One brand of man-made binder is called sandlock, which though is man made is not toxic; it is a blend of organic materials to provide optimum protection against wear.
Portland Cement
Portland Cement is sometimes used as a filler or chemical binder in jointing sand; it is one of the man-made chemical compounds that can be considered toxic if too much is breathed over a period of time.
Quartz and Crystaline Silica
The amount of quartz silica to sand depends on the brand of jointing sand chosen. Quartz is a natural part of some silica sand as is crystaline silica. These particles are the 'shiny' granules you will find in the sand. Quartz is one of the hardest materials on earth and once bound using the water activated compounds, the quartz helps add strength to the jointing sand to help prevent cracks and separation of the bricks or pavers, which allow weeds, water and ants to weaken the connection and cause loose pieces.
- Photo Credit Jupiterimages/Photos.com/Getty Images Thinkstock/Comstock/Getty Images
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subset: commoncrawl


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Thread: VPSRight.com - 3 month review
10-08-2009, 07:46 AM #1Newbie
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VPSRight.com - 3 month review
I have been with VPSRight.com for nearing 3 months now, and I thought I should post a review. To be honest, the first month with VPSRight.com was kinda rough, there was a few outages, but they have completely turned their service level around - not only was I credited a free month due to some outages, I have not experienced one minute of downtime since then. Their sales/support is ALWAYS online, always very helpful, and always very friendly. I run a lot of high-end custom scripts (that hog tons of resources and bandwidth) and have always experienced GREAT speed with excellent resources. I rate this company at an A+, and anyone looking for a great budget VPS, I'd definitely recommend them as their prices are rock bottom for the level of service they provide. For reference, I host my main site, phpright.com, on the VPS aswell.
10-08-2009, 10:14 AM #2Disabled
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Great review. Were you using their linux or Windows VPS?
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Always great to see happy customers face. Thanks for sharing the review with all.Support Facility | 24/7 web hosting technical support services
Technical support | Server management | Data migration
Technical Articles
In addition, you'd posted on August 3rd that RockMyWeb was still your host, and on August 9th complained VPSRight was down. That implies it's been just about 2 months?
Were you asked or encouraged to come here and post this?Having problems, or maybe questions about WHT? Head over to the help desk!
10-08-2009, 12:19 PM #5CEO & Leading Designer
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Wonderful review! Thank you for taking the time to share your overall experience with the company. I hope your relationship with the company continues in a positive experience. Remember to keep us on WHT updated Best of luck!
10-08-2009, 08:48 PM #6WHT Addict
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They Great , i Have two VPS from Them , But i belive they need to Upgrade thier Bandwidth Limit .. I'm afraid i'm moving Out becasue the Bandwidth , The max they offer is 1200 GB and i need at least 1500 Gb .. But they Great for Small Sites..
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Sonny Rollins
Saxophone Colossus Exclusive LP
A Newbury Comics exclusive colored vinyl pressing.
Arguably his most acclaimed release, 1957's 'Saxophone Colossus' by the legendary Sonny Rollins features a quartet including Tommy Flanagan, Doug Watkins and Max Roach and was recorded by the immensely talented Rudy Van Gelder. Our version of this jazz masterpiece is pressed on teal vinyl and is limited to only 750 pieces.
Item Details
- Number of discs: 1
- Label: OJC
- Mono/Stereo: Stereo
- Catalog Number: OJC291 TEAL


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Call 1.888.468.5511
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Join or log in to see prices and shop.
Place your order for this product by December 17th to receive by 12/24.
No returns will be accepted on this item unless it is a warranty issue.
The CH holster provides Active Retention while allowing virtually unhampered presentation of the pistol. This is accomplished by incorporating a releasing paddle that is activated by the index finger of the user without need to alter the draw stroke.
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Harbour City Motor Inn
Select your stay dates to check availability
Harbour City Motor Inn
About the hotel
Property Location
Located in Tauranga, Harbour City Motor Inn is minutes from Tauranga Art Gallery and close to Robbins Park. This 4.5-star motel is within close proximity of The Elms Mission House and Memorial Park.
Make yourself at home in one of the 20 air-conditioned rooms featuring kitchenettes with refrigerators and stovetops. Wired and wireless Internet access is complimentary, and flat-screen televisions with premium TV channels provide entertainment. Private bathrooms with separate bathtubs and showers feature jetted bathtubs. Conveniences include desks and complimentary newspapers, and housekeeping is provided daily.
Enjoy recreational amenities such as a spa tub and bicycles to rent. This motel also features complimentary wireless Internet access, babysitting/childcare (surcharge), and tour/ticket assistance.
Take advantage of the motel's room service (during limited hours).
Business, Other Amenities
Featured amenities include complimentary newspapers in the lobby, dry cleaning/laundry services, and multilingual staff. Free self parking is available onsite.
Hotel Facilities
- Spa tub
- Free self parking
- Total number of rooms - 20
- Tours/ticket assistance
- Laundry facilities
- Breakfast available (surcharge)
- Luggage storage
- Smoke-free property
- Free newspapers in lobby
- Dry cleaning/laundry service
- Babysitting or childcare (surcharge)
- One meeting room
- Babysitting or childcare
- Multilingual staff
- Free WiFi
Room Facilities
- Air conditioning
- Jetted bathtub
- Flat-panel TV
- Free bottled water
- Desk
- Room service (limited hours)
- Private bathroom
- Kitchenette
- Separate bathtub and shower
- Free wired high-speed Internet
- Daily housekeeping
- Iron/ironing board
- Free cribs/infant beds
- Microwave
- Refrigerator
- Connecting/adjoining rooms available
- Free WiFi
- Stovetop
- Free newspaper
- Premium TV channels
- Coffee/tea maker
Hotel Policy
National Rating
Qualmark® assigns an official star rating for accommodations in New Zealand. This Motel property is rated 4 star plus and is displayed on this page as 4.5 stars. Official New Zealand Rating provided by Qualmark®
Know Before You Go
- The property has connecting/adjoining rooms, which are subject to availability and can be requested by contacting the property using the number on the booking confirmation.
The following fees and deposits are charged by the property at time of service, check-in, or check-out.
- Breakfast fee: between NZD 12.00 and NZD 17.00 per person (approximately)
The above list may not be comprehensive. Fees and deposits may not include tax and are subject to change.Show all hotel policy Show less hotel policy


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The McMaster Marauders women's soccer team captured its eighth win of the season on Sunday (Oct. 14) at Ron Joyce Stadium. The 1-0 win over UOIT left the Marauders with an 8-3-2 record.
The Marauders are second in the Ontario University Athletics West Division play despite a 1-0 loss to the Guelph Gryphons on Saturday.
Against UOIT, the only goal of the Ontario University Athletics game came from McMaster captain Mel Van Der Hoop (Oakville) in the 30th minute. Shots on goal ended 16-8 in favour of the Marauders and Brittany Duffey (Markham) played the full 90 minutes for the shut out.
On Saturday, Guelph's winning goal didn't come until the final minute of the match when Erica Bain (Niagara Falls) gave the Gryphons their sixth win of the season to go with three losses and four ties.
Marauder Taylor Davis (Minesing, Ont.) had three shots on goal in the loss and Nat Kollars (Burlington), Emma Mangialardi (Oakville) and Mel Van Der Hoop (Oakville) had two shots on goal each but came away empty 'footed.'
With just three games left in the regular season, McMaster looks to secure a bye into the playoffs. They would need to finish first or second in the OUA West to do so. The Marauders are currently tied for second place with the Western Mustangs.
McMaster takes on the York Lions on the road on Wednesday (Oct. 17).


text:
♥ Add EpisodeTube.com to your favorite bar.
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Breaking and Entering
Plot: After Ashley's family is evicted, Hawk brings them home for shelter. Faced with her son's relationship to an IS, Sarah goes on a personal mission to answer questions from her past. Cal asserts his leadership and makes a bold political decision for The Movement.
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Would you like to save as your currency permanently or for this visit only?
Agile Hotel Nanlang Zhongshan is conveniently located in the popular Nanlangzhen area. The hotel has everything you need for a comfortable stay. To be found at the hotel are coffee shop, shops, safety deposit boxes, laundry service/dry cleaning, concierge. Each guestroom is elegantly furnished and equipped with handy amenities. Access to the hotel's steamroom, outdoor pool, garden, tennis courts will further enhance your satisfying stay. Agile Hotel Nanlang Zhongshan is an excellent choice from which to explore Zhongshan or to simply relax and rejuvenate.


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http://www.peacecorpswiki.org/Jeffrey_Orton?title=Jeffrey_Orton&feed=atom&action=history Jeffrey Orton - Revision history 2016-12-06T16:22:20Z Revision history for this page on the wiki MediaWiki 1.27.1 http://www.peacecorpswiki.org/index.php?title=Jeffrey_Orton&diff=3826&oldid=prev PCWAdmin: 1 revision imported 2016-08-23T19:22:29Z
1 revision imported

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 PCWAdmin http://www.peacecorpswiki.org/index.php?title=Jeffrey_Orton&diff=3825&oldid=prev 188.8.131.52 at 07:14, 5 June 2013 2013-06-05T07:14:17Z

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 ++Family++
 Jeffrey Orton has one brother Timothy Orton. His mother still lives in Salt Lake City Utah although his Father Jerry Orton has recently passed away. His brother Tim has a daughter named Emily who is his biggest fan. According to her family "thats where she got her creative." Before his life in the Peace Corp Jeff was an aspiring playwrite, and stage crew professional, he was also working with his band Moder Prometheus who have released one not quite studio cassette featuring Mikey mouses Mohawk a song about the infamous disney land and how it judges people, and I Will Not Fight, a political satyre about Rohland Ragan.
 Jeffrey also has the high score on a local Taylorsville pinball machine under MHK. He will always be rembered by his family as the creative happy one, the one who always had a cause to fight for and a crowd to stand on.
 18.104.22.168


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Words via slamonline.com
Under the shadow of the Brooklyn Bridge, 24 of the nation's top prep recruits went all out last night in Brooklyn with bragging rights on the line. Hometown hero Isaiah Whitehead held it down for BK and came away with MVP honors after scoring a game-high 26 points. Among the entertaining match-ups that transpired over the course of the night was Whitehead vs. Emmanuel Mudiay, who announce his verbal commitment to SMU during halftime and also received MVP honors after a 22-point performance.
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Initially, replica rolexgmt-master offered the Datejust in 18kt yellow gold
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United States District Court, S.D. New York
February 17, 2004.
AT&T CORP., Plaintiff, -against- MICROSOFT CORPORATION, Defendant
Plaintiff AT&T Corp. ("AT&T") brings this patent infringement action
against Microsoft Corporation ("Microsoft"), alleging that certain of
Microsoft's products containing speech codecs*fn1 infringe its United
States Patent No. Reissue 32,580 (the "580 patent"). The 580 patent at
issue in this litigation is a reissue of U.S. patent 4,472,832 (the "832
patent"), issued with 39 claims. The 580 patent added claims 40-43,
without amending the first 39 claims. Microsoft denies infringement of
the 580 patent and seeks dismissal of the complaint together with a
declaratory judgment of noninfringment, invalidity and unenforceability
of the 580 patent. See AT&T Corp. v. Microsoft Corp., 01 Civ. 4872
(WHP), 2003 WL 21459573 (S.D.N.Y. June 24, 2003). Familiarity with this
Court's prior Memoranda and Orders
Page 2
is presumed.*fn2
Currently before this Court is Microsoft's motion for partial summary
judgment on invalidity of claims 40-43 of the 580 patent. For the reasons
set forth below, Microsoft's motion for partial summary judgment is
I. Summary Judgment Standard
Rule 56(c) of the Federal Rules of Civil Procedure provides that
summary judgment "shall be rendered forthwith if the pleadings,
depositions, answers to interrogatories and admissions on file, together
with the affidavits, if any, show there is no genuine issue as to any
material fact and that the moving party is entitled to judgment as a
matter of law." Fed.R.Civ.P. 56(c); accord Celotex Corp. v. Catrett,
477 U.S. 317, 322 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242,
Page 3
(1986). The burden of demonstrating the absence of any genuine dispute as
to a material fact rests with the moving party: See, e.g., Adickes v.
S.H. Kress & Co., 398 U.S. 144, 157 (1970); Grady v. Affiliated Cent.,
Inc., 130 F.3d 553, 559 (2d Cir. 1997). The movant may meet this burden
by demonstrating a lack of evidence to support the nonmovant's case on a
material issue on which the nonmovant has the burden of proof. Celotex,
477 U.S. at 323.
To defeat a summary judgment motion, the nonmoving party must do "more
than simply show that there is some metaphysical doubt as to the material
facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574,
586 (1986). Indeed, the nonmoving party must "set forth specific facts
showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e);
accord Matsushita Elec., 475 U.S. at 587. In evaluating the record to
determine whether there is a genuine issue as to any material fact, the
"evidence of the nonmovant is to be believed and all justifiable
inferences are to be drawn in his favor." Liberty Lobby, 477 U.S. at
On a summary judgment motion to invalidate a patent, the party
asserting invalidity bears a heavy burden. Tillotson, Ltd. v. Walbro
Corp., 831 F.2d 1033, 1036 (Fed. Cir. 1987); Schumer v. Lab. Computer
Sys., Inc., 308 F.3d 1304, 1315 (Fed. Cir. 2002); see also 35 U.S.C. § 282
(2003) (the burden of
Page 4
establishing invalidity of a patent or a claim rests on the party
asserting invalidity). In the case of reissue patents, the movant's
burden is "made heavier" because the reissue patent has undergone "a
fresh examination." Interconnect Planning Corp. v. Fell, 774 F.2d 1132,
1139 (Fed. Cir. 1985). Indeed, as reissue patents are "clothed in a
statutory presumption of validity," Interconnect Planning, 774 F.3d at
1139, the party asserting invalidity must establish its claim by clear
and convincing evidence. WMS Gaming, Inc. v. Int'l Game Tech.,
184 F.3d 1339, 1355 (Fed. Cir. 1999).
II. Merits
Microsoft argues that claims 40-43 of the 580 patent are invalid for
three independent reasons: (1) under 37 C.F.R. § 1.175 (1986) because
they are based on a defective reissue declaration; and (2) under
35 U.S.C. § 102(b) because they are anticipated by prior art that was
known to AT&T, but never disclosed to the United States Patent and
Trademark Office (the "PTO"); and (3) under 35 U.S.C. § 251 because they
violate the recapture rule. (MS Br. at 1.)
A. Reissue Declaration
Pursuant to 35 U.S.C. § 251, a patentee may file a reissue application
on a patent if, without any deceptive intent,
Page 5
he "claim[ed] more or less than he had a right to claim in the patent."
35 U.S.C. § 251.' At the time the 580 patent was pending, 37 C.F.R. § 1.175
("Rule 175") required applicants to file a reissue declaration with their
reissue application, containing the following information:
(3) "When it is claimed that [the] patent is
inoperative or invalid by reason of the patentee
claiming more or less than he had a right to claim in
the patent,' [the reissue declaration must] distinctly
specify [] the excess or insufficiency in the claims";
(5) [The reissue declaration must] [p]articularly
specify[] the errors relied upon, and how they
arose or occurred.
On September 18, 1986, two years after the 832 patent issued, AT&T
filed a reissue application that led to the issuance of the 580 patent.
(MS Ex. 3 at 23-24.) The 580 patent contains four new reissue claims,
40-43, but left the original 39 claims unmodified. (MS Ex. 3 at 48-49.)
As required by Rule 175, the patentees, Dr. Bishnu S. Atal and Mr. Joel
R. Remde, submitted a reissue declaration with their application that
identified certain errors in the 832 patent's claims. (MS Ex. 3 at
51-54.) Specifically, the patentees detailed differences between claims
34 and 37 of the 332 patent in comparison to the reissue claims 40-43.
(MS Ex. 3 at 51-52; AT&T Ex. 11.)
The reissue declaration states in relevant part:
We verily believe that the [832 patent claims] . . .
are inoperative for the reason that we claimed less
than we had a right to claim [in the patent] . . . and
that [the patent is] insufficient to give us the
protection to which we are entitled: That the claims
of the original patent are insufficient in that they
are limited to producing a speech message in which
each speech interval excitation signal is formed by a
generating set of signals representative of the time
interval speech message pattern and a signal
representative of the differences between the interval
speech pattern and the representative signal set,
forming a first signal corresponding to the interval
speech message pattern responsive to the speech
message pattern forming a second interval
corresponding signal responsive to the interval speech
message pattern representative signals, generating a
Page 7
responsive to the differences between the first and
second interval corresponding signals, and producing a
third signal responsive to the interval differences
corresponding signal to reduce the interval
differences corresponding signal as recited in claims
34 and 37 of [the patent].
That the true scope of the invention extends in one
respect to producing a speech message by receiving
signals representative of each interval portion of the
speech message including coded spectral representative
signals and a plurality of pulse amplitude and
location coded signals representative of the
differences between the time interval portion of the
speech message and a representation of the speech
message interval portion formed from said spectral
representative signals. The plurality of pulse
amplitude and location codes of said time interval are
converted into a signal corresponding to the
excitation of the time interval portion of said speech
message and a speech pattern corresponding to the
speech message portion of said time interval is
generated jointly responsive to said interval spectral
representative signals and said interval excitation
representative signal as set forth in claims 40 and 42
of the reissue application;
That the true scope of the invention extends in
another respect to producing a speech message wherein
the plurality of pulse amplitude and location codes of
said time interval are converted into a sequence of
pulses formed according to said pulse amplitude and
location codes corresponding to the excitation of the
time interval portion of said speech message as set
forth in claims 41 and 43 of the reissue application.
. . .
Microsoft contends that the 580 reissue declaration is faulty because
it failed to "distinctly specify[] the excess or insufficiency in the
claims" or to specify "the errors relied upon, and how they arose or
occurred," or state that such errors arose "without deceptive
intentions." (MS Br. at 22-23 (citing Dethmers, 272 F.3d at 1370.)
Microsoft attempts, however, to impose a level of specificity on the
reissue declaration that is not mandated by Rule 175.
In their declaration, the patentees expressly addressed the errors in
claims 34 and 37 of the 832 patent, and identified the true scope of the
invention by reciting the claim language of
Page 9
the reissue claims. (MS Ex. at 51-52; AT&T Ex. 11; Declaration of Hon.
Gerald J. Mossinghoff, dated Dec. 3, 2003 ("Mossinghoff Decl.") ¶ 10.)
See Nupla, 114 F.3d at 194 (holding reissue declaration sufficient in
part where claim language was used to describe the difference in scope).
While Microsoft claims that the patentees did not "meaningfully discuss
the differences in scope" in their reissue declaration, Rule 175 only
requires a patentee to specify changes in the scope of the claims, rather
than engage in a "meaningful discussion" of scope. See 37 C.F.R. § 1.175(3)
(reissue declaration must "distinctly specify []" difference in scope).
Here, the patentees "distinctly specified" why 832 claims 34 and 37 were
insufficient and why the reissue claims reflected the true scope of the
invention. (See MS Ex. 3 at 51-52.)
Both parties rely on Nupla Corp. v. IXL Mfg. Co., 114 F.3d 191 (Fed.
Cir. 1997) in support of their positions. In that case, the reissue
applicant only cited a single difference in scope in his declaration where
the reissue application created two ether new and material differences in
scope that were not referenced in the reissue declaration. Because the
Nupla applicant had amended the claims to create three material
differences but only directed his declaration to one difference, the
Federal Circuit found the reissue claims invalid due to the faulty
declaration. Nupla, 114 F.3d at 194. With regard to the one difference in
scope explained in the declaration, the Federal
Page 10
Circuit found the applicant's declaration to be adequate. Nupla, 114 F.3d
at 194. The part of the Nupla declaration found to be adequate stated the
original claim, described the reissue claim, and noted that the original
patent claimed less than the patentee had a right to claim due to error.
114 F.3d at 193-94. The reissue declaration at issue here is more
detailed than the part of the Nupla reissue declaration held to be
valid. (Compare MS Ex. 3 at 51-54, with Nupla. 114 F.3d at 193-94.)
Additionally, in contrast to the Nupla declaration, the patentees'
declaration here explains each difference in scope claimed by AT&T.
(AT&T Ex. 11; MS Ex. 3 at 51-52.) Accordingly, this Court declines to
invalidate the 580 patent due to an alleged inadequate explanation of
difference in claim scope.
Finally, the patentees' attribution of error in the reissue declaration
is sufficient. The patentees attributed all error to the inability of
Cubert to fully understand the scope of the claims. (MS Ex. 3 at 52
("These errors . . . resulted from an error of our attorney in judging
the true scope of our invention and his erroneous advice to us as to the
claims of the original . . . patent."; "[E]rrors . . . arose when our
attorney in preparation of the claims . . . erroneously did not include
certain features now recited in claims 40, 41, 42, and 42 of the reissue
application."; [O]ur attorney . . . failed to properly advise us as to
the true scope of the invention.").) Indeed, the
Page 11
prosecuting attorney's failure to fully appreciate the scope of the
invention is one of the most commonly accepted bases for filing a reissue
application. In re Wilder, 736 F.2d 1516, 1519-20 (Fed. Cir. 1984)
(finding reissue declaration's assertion of attorney error sufficient).
The patentees' assertion of attorney error is also supported by the
undisputed fact that Cubert was not skilled in the art of the 832
patent's technology. (Cubert Dep. at 28-30.) Additionally, as required by
Rule 175, the patentees declared that the errors "arose through
inadvertence, accident or mistake and without any fraudulent or deceptive
intention." (MS Ex. 3 at 52.) See 37 C.F.R. § 1.175 (1986).
Accordingly, since this Court finds that the patentees' reissue
declaration meets the requirements of Rule 175, Microsoft's motion for
partial summary judgment is denied on this ground.
B. Anticipation
Microsoft argues that the reissue claims 40-43 are invalid under
35 U.S.C. § 102(b) because AT&T did not disclose a 1980 publication
titled "Improved Quantizer for Adaptive Predictive Coding of Speech
Signals at Low Bit Rates," co-authored by Dr. Atal and Dr. Manfred R.
Schroeder, that purportedly anticipated claims 40-43 of the 580 patent.
(MS Ex. 6.)
Page 12
Under the Patent Act, a patented invention must be "new, " or else it
is deemed "anticipated." Hoover Group, `Inc. v. Custom Metalcraft, Inc.,
66 F.3d 299, 302.(Fed. Cir. 1995). Anticipation "requires that the four
corners of a single, prior art document describe every element of the
claimed invention either expressly or inherently, such that a person of
ordinary skill in the art could practice the invention without undue
experimentation." Advanced Display Sys., Inc. v. Kent State Univ.,
212 F.3d 1272, 1282 (Fed. Cir. 2000); accord Merck & Co. v. Teva Pharm.
USA, Inc., 347 F.3d 1367, 1372 (Fed. Cir. 2003). The Federal Circuit
considers the question of whether anticipation occurred, either through
express or inherent disclosure, a question of fact. Rapoport v. Dement,
254 F.3d 1053, 1058 (Fed. Cir. 2001).
Section 102(b) of the Patent Act, which relates to anticipation,
provides: "A person shall be entitled to a patent unless . . . the
invention was . . . described in a printed publication . . . more than
one year prior to the date of the application for patent in the United
States. . . ." 35 U.S.C. § 102 (b). Microsoft contends that the 1980
Paper was prior art that should have been disclosed to the PTO Examiner
pursuant to Section 102(b) of the Patent Act. AT&T argues that the
1980 Paper did not need to be disclosed because: (1) it was not a
"printed publication," pursuant to Section 102(b); and (2) it did
Page 13
not anticipate the claims of the 580 patent, since the coders described
in the 1980 Paper and the 580 patent are completely different in
There is a genuine issue of material fact as to whether the 1980 Paper
qualifies as a "printed publication" under Section 102(b). The burden of
proof regarding whether the 1980 Paper qualifies as a "printed
publication" rests on Microsoft:. Northern Telecom. Inc. v. Datapoint
Corp., 908 F.2d 931, 936 (Fed. Cir. 1990) (affirming finding that
defendant failed to prove that documents were printed publications);
Northern Telecom, 908 F.2d at 936 ("Whether an asserted anticipatory
document qualifies as a `printed publication' under [Section] 102 is a
legal conclusion based on underlying factual determinations."). A
"printed publication" is a document that is sufficiently available to the
public more than one year before the effective filing date of the patent
application. In re Cronyn, 890 F.2d 1158, 1160-61 (Fed. Cir. 1989) (paper
that was not catalogued or indexed was not prior art under Section 102(b)
because it was not accessible to the public); Northern Telecom, 908 F.2d
at 936 (Fed. Cir. 1990) ("A document, to serve as a `printed
publication,' must be generally available."); Hybritech Inc. v. Abbott
Labs., 4 U.S.P.Q.2d 1001, 1006-07 (C.D. Cal.
Page 14
1987), aff'd 849 F.2d 1446 (Fed. Cir. 1988) (limited availability of
document after a speech does not constitute a printed publication). The
parties agree that the effective filing date of the 580 patent is December
1, 1981, the filing date for the 832 patent application. Accordingly,
Microsoft must establish that the 1980 Paper was sufficiently available
to the public by December 1, 1980, one year prior to that effective
filing date. Garrett Corp. v. United States, 422 F.3d 874, 877-78 (Fed.
Cir. 1970); 35 U.S.C. § 102(b).
Dr. Atal made an oral presentation based on the 1980 Paper to the 1980
Institute of Electrical and Electronics Engineers, Acoustics, Speech and
Signal Processing Society Conference ("ICASSP Conference"), which was
held from April 9-11, 1980. (MS Ex. 6; Atal Dep. at 226-228.) The 1980
Paper was eventually bound with other papers presented at the conference
in a single volume, however, it is unclear when that volume was published
and to whom it was made available. Indeed, there is a question of fact
over whether the 1980 Paper was sufficiently available to the public
prior to December 1, 1980.
As a preliminary matter, since an oral presentation of an academic
paper does not alone constitute a "printed publication" under Section
102(b), Dr. Atal's oral presentation of the 1980 Paper at the ICASSP
Conference does not transform the 1980 Paper into a printed publication.
Hybritech, 4 U.S.P.Q.2d
Page 15
at 1006-07. Instead, this Court focuses its inquiry on when the 1980
Paper was sufficiently available to the public through conventional
research aids. See In re Cronyn, 890 F.2d at 1161; In re Bayer,
568 F.2d 1357, 1361 (C.C.P.A. 1978).
In its reply brief, Microsoft attached two declarations from the Chair
and Vice Chair of the April 1980 ICAASP Conference Committee, averring
that the 1980 Paper was distributed to conference attendees in a bound,
multi-volume set of presented papers. (Declaration of J. Robert Ashley,
Ph.D., dated Dec. 9, 2003 ("Ashley Decl.") ¶ 5; Declaration of Lloyd J.
Griffiths, dated Dec. 9, 2003 ("Griffiths Decl.") ¶ 5.) Additionally,
Microsoft submitted a declaration of a Drexel University Librarian
reporting when the 1980 Paper was first borrowed from Drexel's library.
(Declaration of Tracy L. Hull, Esq., dated Dec. 9, 2003 ("Hull Decl.")
¶ 6.) Despite the fact that AT&T has claimed the 1980 Paper was prior
art for more than 16 months, Microsoft did not identify the above-listed
declarants in their initial disclosures, during discovery, or as persons
expected to be called at trial. (See MS Second Supplemental Initial
Disclosures; MS Responses to AT&T's Sixth Set of Interrogatories; Joint
Letter to the Court, dated Dec. 17, 2003.) AT&T requests that this Court
strike these declarations. (Joint Letter, dated Dec. 17, 2003 at 5-7.)
This Court will not permit circumvention of the
Page 16
discovery rules. See Fed.R.Civ.P. 26(a), 33(b), 37 (b). Accordingly,
Microsoft is `barred from relying on the declarations for purposes of
this motion since: (1) Ashley, Griffiths and Hull were not identified
before the close of discovery, or even before submission of Microsoft's
reply papers; and (2) AT&T had no opportunity to depose these witnesses
before the close of fact discovery.*fn4
The only other evidence Microsoft presents on whether the 1980 Paper
qualifies as a printed publication is the declaration of its expert, Dr.
Allen Gersho, who hypothesizes that the 1980 Paper was distributed to the
attendees of the ICAASP Conference, catalogued and made available to the
public shortly thereafter. (Declaration of Dr. Alien Gersho, dated
November 5, 2003 ("Gersho Decl.") ¶ 15.) However, Dr. 3ersho's
declaration rests on "assumptions," not facts since he neither attended
the ICAASP Conference, nor received a copy of the 1980 Paper. Moreover,
at deposition he acknowledged that he "cannot say with absolute
certainty" that the paper would have been distributed at the conference.
(Deposition of Alien Gersho, dated November 20, 2003 ("Gersho Dep.") at
94-98; Gersho Decl. ¶ 15.) Dr. Gersho's assumptions concerning the
publication of the
Page 17
1980 Paper are insufficient to constitute clear and convincing evidence
of its publication date.
Microsoft provides this Court with-no other evidence to meet its burden
of proving that the 1980 Paper is a "printed publication," as
contemplated by Section 102(b). As there is a genuine issue of material
fact concerning whether the 1980 Paper-qualifies as a printed
publication, this Court need not address whether the 1980 Paper
anticipates the subject matter of the 580 reissue claims 40-43.
C. Recapture
Microsoft contends that claims 40-43 of the 580 patent are invalid
because they violate the recapture rule. "The recapture rule `prevents a
patentee from regaining through reissue the subject matter that he
surrendered in an effort to obtain allowance of the original claims.'"
Pannu v. Storz Instruments, Inc., 258 F.3d 1366, 1370-71 (Fed. Cir. 2001)
(quoting In re Clement, 131 F.3d 1464, 1468 (Fed. Cir. 1997)).
Specifically, the recapture rule "prevents an applicant from recapturing
through reissue [subject] matter surrendered to overcome a rejection
based on prior art." In re Doyle, 293 F.3d 1355, 1358 (Fed. Cir. 2002);
accord Pannu. 258 F.3d at 1370-71. ("Reissued claims that are broader
than the original patent's claims in a manner directly pertinent to the
subject matter
Page 18
surrendered during prosecution are impermissible."). The reissue
statute states:
Whenever any patent is, through error, without any
deceptive intention, deemed wholly or partly
inoperative or invalid . . . by reason of the patentee
claiming more or less than he had a right to claim in
the patent, the Director shall, on the surrender of
such patent and the payment of the fee required by
law, reissue the patent. . . .
No reissued patent shall be granted enlarging the
scope of the claims of the original patent unless
applied for within two years from the grant of the
original patent.
The Patent Act allows a patentee to seek a reissue patent to correct a
justifiable or unintentional error in an original patent. 35 U.S.C. § 251.
Not every action by a patentee that might be labeled "error" is
correctable by reissue. Hester Indus., Inc. v. Stein. Inc., 142 F.3d 1472,
1479 (Fed. Cir. 1998). Attempts to recapture by reissue that which was
previously surrendered during the prosecution of the original patent "is
not an error of [the] kind which will justify the granting of a reissue
patent which includes the matter withdrawn." Mentor Corp. v. Coloplast,
Inc., 998 F.2d 992, 995 (Fed. Cir. 1993); accord Clement, 131 F.3d at 1468
(holding that a deliberate decision by patentee to limit claims during
prosecution of the original application "cannot be said to involve the
inadvertence or mistake contemplated 35 U.S.C. § 251
Page 19
." (internal quotations omitted)).
The application of the recapture rule is a multi-step process. First,
the court should "`determine whether and in which "aspect" the reissue
claims are broader than the patent claims' [in the original patent.]"
Pannu, 258 F.3d at 1371 (quoting In re Clement. 131 F.3d at 1468). For
example, a reissue claim that deletes a limitation or element from the
patent claim in the original patent is broader with respect to that
limitation. In re Doyle, 293 F.3d at 1358; In re Clement 131 F.3d at
1468. Second, the court should "determine whether the broader aspects of
the reissued claim related to . . . subject matter [surrendered during
the original prosecution]." Pannu, 258 F.3d at 1371. Subject matter is
surrendered where there are "arguments and changes to the claims made in
an effort to overcome a prior art objection." In re Clement, 131 F.3d at
1469. If there is no surrender of subject matter during the original
prosecution, there is no recapture and no need to proceed to the third
step. Seattle Box Co. v. Indus. Crating & Packaging. Inc., 731 F.2d 818,
826 (Fed. Cir. 1984). The third step, if applicable, requires the court
to determine "whether the reissue claims were materially narrowed in
other respects to avoid the recapture rule." Pannu, 258 F.3d at 1371.
While claim scope "is ultimately a question of law, . . . resolution of
that question turns in significant part on underlying facts."
Page 20
Tillotson, Ltd, v. Walbro Corp., 831 F.2d 1033, 1039 (Fed. Cir. 1987)
(vacating grant of summary judgment and remanding due to issues of fact
concerning whether reissue. claims broadened the scope of claims); accord
Clement, 131 F.3d at 1468.*fn5
As noted, "[t]he first step in applying the recatpure rule is to
determine whether and in what `aspect' the reissue claims are broader
than the patent claims." Clement, 131 F.3d at: 1468. Microsoft claims
that reissue claims 40-43 are broader than original claims 34 and 37
because: (1) "independent reissue claims 40 and 42 are broader than the
original claims 34 and 37 because they no longer include the recited
`first,' [and] second' `differences,' and `third' signal limitations
found in the original claims of the 832 patent;" and (2) "[c]laims 40-43
recite no limitations whatsoever as to how the excitation signal is or
was generated." (MS Br. at 18.) In contrast, AT&T contends that there is
a genuine issue of material fact as to whether the reissue claims are
broader or narrower than the original 832 claims. (AT&T Opp. at 32-33.)
This Court agrees that Microsoft has not met its burden of showing that
the reissue claims are broader than the 832 claims.
For example, Claim 34 of the 832 patent recites how
Page 21
multiple pulses are formed, but does not indicate a format of the
multiple pulses or what those multiple pulses represent. " (832 Patent,
Col. 22:7-22:37.) In contrast, reissue claim 42 does not recite how
multiple pulses are formed, but rather recites a format for the multiple
pulses and states what they represent. (580 Patent, Col. 24:13-24:32.)
Indeed, this Court questions whether the reissue claims "recite [] the
multiple pulses from a completely different perspective than [the 832
patent claims]," and thus, whether one skilled in the art would view the
reissue claims as broader or narrower than the 832 claims. (AT&T Opp. at
33; Declaration of Nikil S. Jayant, dated Dec. 3, 2003 ("Jayant Decl.") ¶¶
14-15 (stating that reissue claims 40 and 42, and 832 claims 34 and 37
are "written from a completely distinct perspective").) Indeed, AT&T
submits a declaration from its technical expert, Dr. Nikil S. Jayant,
stating that "it can . . . easily be said that the new claims are
narrower than the original claims. It is my opinion that one of ordinary
skill in the art would consider the new claims to be directed to a
different aspect of the invention than had been originally covered, such
that the concepts of `broader' and `narrower' are more difficult to
express." (Jayant Decl. ¶ 16.)
In contrast, Microsoft's evidence and argument on this point is
gossamer. Microsoft has not established by clear and convincing evidence
that the reissue claims are broader than the
Page 22
original 832 claims. indeed, it does not cite to expert testimony to
refute AT&T's expert's analysis. Because Microsoft has not met its
"heavy burden" in establishing that the 580 patent is invalid due to
recapture, its partial summary judgment motion is denied. See Schumer v.
Lab. Computer Sys., Inc., 308 F.3d 1304, 1315 (Fed. Cir. 2002);
For the reasons set forth above, Microsoft's motion for partial summary
judgment on invalidity of claims 40-43 of the 580 patent is denied.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
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|Paizo Pathfinder® Paizo Games
|About Paizo Messageboards News Paizo Blog Help/FAQ
Pathfinder Society Scenario #8-07: From the Tome of Righteous Repose (PFRPG) PDF
Pathfinder Society Faction Pin: Dark Archive
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Pathfinder Society Scenario #8-01: Portent's Peril (PFRPG) PDF
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SmiloDan wrote:
Depending on your build, take the Scaled Fist archetype from Legacy of Dragons for your monk levels. You now have Cha instead of Wis to AC when unarmored.
avr wrote:
20 point buy. likely using a pfs rebuild boon to start at level 6.
I case you hadn't heard, Houston is hosting a Superb Owl next year. (Also, some football.)
Owlcon returns to Rice University the weekend of Feb. 10-12, with a full slate of gaming. PFS event will span all released seasons Friday to Saturday, leading up to The Cosmic Captive Sunday morning.
Paizo designer Stephen Radney-MacFarland will be on hand to run Skeleton Moon in an out-of-retirement event as well. Other special events include Kobolds, Aspis Agents, and Elementals on their own missions.
Over on the PACG side of the hall, bring your best Goblin deck for We Be Goblins Friday and Saturday, then team up with the RPG team for The Cosmic Captive Sunday.
Haven't played PACG before? Stick around after The Cosmic Captive Sunday for a mass PACG demo.
It's hard-working GMs that make all of this possible. Pick your GM spots on our warhorn, then signup at the Owlcon main website to claim your badge and pick player seats.
GM 8 total hours of RPG or PACG to claim your GM badge.
Player signups open early December.
Grumbaki wrote:
Anyone else have this hangup when making a character? And what is it that you do to ensure that you aren't one item dependent?
Carry spares. At high levels, you're often wanting to carry a silver, cold iron, and adamantine version of your weapon so you can switch it out as needed to overcome DR.
This admittedly still leaves you in a bad place in a no-weapons-allowed situation. A called weapon may help there, if you can leave it within 100' without attracting suspicion. Other options include gloves of storing, and, of course, using sleight of hand to conceal a weapon.
MadScientistWorking wrote:
I was looking at this archetype and I am wondering if it was intended for the spell Instigate Psychic Duel to be gained or if it was an oversight. I looked at Additional Resources and nothing is mentioned about the archetype being modified but still that spell is weird enough that I just wanted to double check. On top of that the section of Additional Resources also cites an archetype that doesn't exist in that book.
The dreamstalker doesn't automatically add Instigate Psychic Duel, but lets you choose from a list which includes it. You still cannot add Instigate Psychic Duel because it's not legal from it's original source, Occult Adventures.
Additional resources is long enough without having to call out every archetype which might add an illegal spell as saying "no, this spell is still not legal".
Fromper wrote:
Mediums who focus on casting are likely to have a few arcane or divine spells as backup, as the archmage and heirophant spirits add spells of those types.
However, this means you will likely need a spell component pouch and a holy symbol as a medium, as the arcane/divine spells added don't say anything about removing material or focus components.
Pat Lowinger wrote:
I can sympathize there, I've had to explain how taking butn works to at least one other kineticist player locally.
Speaking of which, I have attention deficit character disorder, so my personal count is at 2 kineticsts, 2 mediums, a mesmerist, and a blob that may become a medium when I apply a rebuild boon, though I'm also pondering vigilante there.
Join us Saturday morning for Black Waters:
The Pathfinder Society seeks the ancient ruby ring of the salamander and it falls to a team of Pathfinders to find it. Last seen in the Tri-Towers Yard, a once elite academy for the youth of Absalom, the ruby ring is now lost in the Drownyard, all that remains of Tri-Towers after it was destroyed a decade ago in the great quake. The Pathfinders must risk the strange black ichors and salty brine to find their prize—will they risk their very souls as well?
Then, come back in the evening for the sequel, School of Spirits!
Sign up on the Aethercon site
Reminder, these are core campaign games, characters should be built with core rulebook only with certain exceptions as outlined in the roleplaying guild guide.
MasterZelgadis wrote:
What concerns me even more is the collector in the reactor room together with Meyanda. I really don't see a reason, why the epic "end fight" should take place in any other location that that cool reactor room. But the players will be level 3, maybe 4, facing Meyanda (CR 5) AND a collector (CR 3) in the same room
Away from books presently, but there is a way to shutdown her collector remotely prior to the fight.
Rosc wrote:
Considering your level, magic weapons aren't a huge deal. If you're even dedicated to hitting stuff with weapons, just make sure to fill a golf bag that covers bashing/slashing and silver/cold iron along with a backup ranged.
And pack a 50GP oil of magic weapon for when magic weapons suddenly do turn out to be a big deal.
It's gone well so far. Our monk had to drop, but we were able to pick up a replacement member out of a wrecked ship on the road to Scrapwall.
They're just about to break into Hellion's domain under Scrapwall now.
But I have a new question for those who have run the AP. I want to start hinting at the possibility of a way home buried in Silver Mount. Any ideas to hint at that without giving away the full potential of the Divinity Drive too early?
Alexander Augunas wrote:
Yeah, Cha to attack and damage with your choice of weapon would be OP. Starknives are a weapon most builds would not otherwise even consider, due to small damage die and low crit threat range.
And, as already pointed out, it's not available for the optimal users of Cha in melee, paladins.
To follow up on the thought of cross-table buffing/healing mentioned upthread, could this be worked into the 'aid token' mechanic we've seen in some previous scenarios?
After an encounter, a table could choose to expend healing resources (channels/wand charges/potions) to pass out a healing token, spell slots or magic item charges to pass out a buff token, or leave behind X GP worth of consumables to generate a supply token. The power of a given token would be abstracted between tiers.
Say a 10-11 table must give up 5000Ggp in consumables to generate a supply token, which then becomes 3 potions of cure light wounds when opened by a tier 1-2 table. Conversely, a tier 3-4 table spends 500GP to make a supply token, which the tier 10-11 table opens and gets a scroll of raise dead.
For healing tokens, you could have a 7th-level cleric spend a channel, which becomes a 1st-level cleric's channel when a tier 1-2 table receives it, or a level 3 paladin spends 2 lay on hands, which becomes an 11th-level cleric's channel at the 10-11 table.
For buff tokens, likewise a blessing of fervor might turn into a haste, or bless depending on who activates the token.
Have you considered Str-based TWF? Where you take just enough Dex to quality for the TWF feats, but otherwise use Str as your attack and damage stat.
On my Rakshasa-spawn boon medium, I went with
Feats by level 5 are Two-Weapon Fighting, Spirit Focus Champion, and Double Slice. I fight with a quarterstaff or two daggers, depending on enemy DR.
The softcover lines seldom get full errata, but they may get fixes in PFS campaign clarifications for obvious glitches. Such as
The dragonheir scion gains fearful might at 2nd level. She gains draconic strike and draconic presence at 4th level and 6th level, respectively, replacing the fighter bonus feats she would normally gain at these levels.
I'm currently playing a characters whose natural talents are that of a chaokineticist.
Duty and family honor, however, demand that she join the Hellknights.
The end result so far is an armored warrior swinging a longsword, but occasionally launching bolts of pure darkness from her free hand.
People at PFS tables end up constantly asking "what classes are you again?", especially since my Warhorn signups say "Level 2 Hellknight"
So I'm considering making a character who fights exclusively with a heavy shield.
All the PRD has to say about shields as magic weapons is:
An enhancement bonus on a shield does not improve the effectiveness of a shield bash made with it, but the shield can be made into a magic weapon in its own right.
So what would be the pricing of a shield that is both a +1 shield and +1 weapon?
For heavy steel shield, I assume it would be:
20gp (heavy steel shield) + 150gp (masterwork armor) + 300gp (masterwork weapon) + 1000gp (+1 armor) + 2000gp (+1 weapon) = 3470gp.
Is this right?
I've a boon undine pirate and swashbuckler who fights just as well underwater as above 1.5 XP away from level 12 now.
Her protege/long lost sister is likely to be an unchained rogue/unchained monk multiclass who specializes in getting foes to drop their guard, then precisely striking pressure points.
Look for sources of bonus damage that aren't halved for off-hand attacks.
Fighter's weapon specialization and weapon training.
Ranger's favored enemy, Paladin's smite, Cavalier's challenge offer larger, but more situational bonus damage.
Also, remember you can use a double weapon as a two-handed weapon should you be limited to one attack in a given round.
I'm doing quite well in PFS with a quarterstaff-wielding medium. Decent str + spirit bonuses + monk weapon skill trait give a lot of bonus damage that isn't halved for my off-hand attack.
Mercurial wrote:
Yes, that's why I'm wondering about the usefulness of Menacing Swordplay... figure most of my swift/immediate actions will be used for Charmed Life or Parry & Riposte.
It's been my experience playing a swashbuckler that menacing swordplay is useless. You will always be using your swift or immediate action for better things.
captain yesterday wrote:
I absolutely 100% disagree that technology is hard for new players to understand, they're literally no different than magic items. :-)>
I'd avoid Iron Gods for new players for other reasons though, the low-level encounters are absolutely brutal.
A certain 4-armed zombie very nearly TPKed a well-optimized party of experienced players in our first session.
Ammon Knight of Ragathiel wrote:
It's probably the best bloodline to pick if you go Bloodrager/DD either way, because DD will then keep advancing the bloodline.
Matthew Morris wrote:
So true. I'm kicking around an idea for a halfling vigilante whose vigilante identity is the famous up-and-coming adventurer archaeologist Pathfinder, with the social identity of a random slave/servant girl.
Got a couple concepts I'm kicking around, not sure what will see play:
The new slave girl, y'know, I don't think she ever told me her name, your grace/Azalea Pavonis, adventurer archaeologist. Uses her real name and membership in the Pathfinder Society as her "action" identity. Takes on the persona of a household slave in order to subvert that practice and advance the natural freedom of all halflings.
Also debating using the boons from a certain AP chronicle to create Name TBD/Sailor Androffa (working title). Bonded to a familiar that she says came to another world from Silver Mount, and taught her the language and technology of that world.
* Grit/Panache. A daily 'do cool stuff' pool that actually refreshes. Finally, we are moving beyond the 15 minute adventuring day.
* Opportune parry and riposte (Swashbuckler). Killing things off-turn is fun. Pity it's attached to such a rubbish class.
* Finesse Training (Unchained Rogue). Still doesn't catch dex up to str in damage terms, but certainly helps close the gap.
* Shared seance (Medium). All day buffs!
* 6-level spellcasting (Bard, Mesmerist, Skald). Adds a lot of utility to classes that also have worthwhile class features.
Least Favorite:
* Burn damage (Kineticist). Episode 5: The 15 minute adventuring day strikes back, and takes half your hitpoints with it.
* Charmed life (Swashbuckler). Episode 3: Revenge of the 15 minute adventuring day. Too few uses/day, prevents riposting.
* Wild empathy (Druid, Ranger, Hunter). Takes a minute, requires cha, but none of the classes that get it are likely to have cha.
* Raging song (Skald). So it's inspire courage, except it doesn't benefit archers or finesse builds.
* 9-level spellcasting (Arcanist, Wizard, Witch, CODZilla). Often a class's only redeeming feature, and breaks the game in half should you use it to full potential. Limited by our old friend the 15 minute adventuring day at low levels.
My intro to this usually goes something like:
"Shiela Heidmarch has assigned you, as unproven agents, the mind-numbling dull task of researching the histories of small towns in Varisia for follow-up by more experienced teams.
You're in the towl of Illsurian, which you've learned was established by Ilsur... [read establishing paragraph on page 3 up to] ...this racism has
"As you're finishing up your studies for the week, the circus rolls into town. Want to go relax?"
In a CoCT campaign, the LE hellknight aspirant inquisitor of Asmodeus gave my CG Caydenite gunslinger quite the itchy trigger finger.
In the end though, I fought valiantly to keep our inquisitor from being ripped apart by tentacles, but it wasn't enough, and not enough of his body could be recovered for a raise dead.
As for replay after X year, that leaves two problems:
1: The bookkeeping headache of determining exactly how long ago a scenario was played.
2: This encourages more play of older scenarios so people can replay. New scenarios blow away old ones in terms of quality and variety. There should be every reason to play new, better content.
Xelaaredn wrote:
*also sigh*
You are taking the attack action, not the use spell-like ability action. The attack action does not provoke when used with a melee weapon. We've been over this since the playtest.


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The world of Toriko is home to a wide and diverse assortment of powerful and unusual animals usually referred to as "Beasts". Most beasts resemble our world's animals, however some may be a cross between several species from our world or they may be something completely different from anything in our world. Their Capture Levels depend entirely on their strength and difficulty to locate and subdue. Level 1 has been described as requiring a group of ten real world professional hunters with shotguns to take it down (however as the series has progressed this detail appears to have become forgotten or was simply an exaggeration).


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Electro-Harmonix Bass Big Muff Pi Pedal
Distortion/Sustainer, sustain, tone and volume knobs
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The Prodigy reborn with underworld insticts comes to life wielding the drive of the original classic Big Muff Pi and the earthy support of a bass tailored design with no loss of low end. This is the pedal that bass players who loved the Big Muff sound have been waiting for. The Bass Big Muff draws its roots from the legendary Sovtek battle-tank green Big Muff Pi, from the late 90's as well as from the original Electro-Harmonix Big Muff Pi from the early 70's. These Big Muff Pi's are often employed by bass players to thicken up their sound or to give them over-the-top low end growl. The Bass Big Muff takes the best elements from both of these classics and employs sonic elements that were specifically designed for your bass.
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