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Originally posted by FightThisPatent
I agree with you, I think either the inventor knew about it or Acacia knew about, the defense team certainly knew about... and didn't consider it to be a silver bullet of prior art.
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FYI --- intentionally failing to disclose prior art in the patent application is PATENT FRAUD!
The trick is proving that they knew about it at the time they filed. Which may be easier to do considering all the subsequent "continuation" filings made that also make no reference to any prior art beyond that which was originally submitted in 1991.