Some comments on process a) We are dealing with an "invention" where 1) Fox was the principal investigator of all activities 2) Fox is considered to have made the largest contribution 3) Fox is the only internationally recognized scientist in this field involved in process b) There has been a technology disclosure to SU of some 2.5 years ago (My copy was copied to my PC Sept 19 97) with inventors Geoffrey Fox: 50% , Tomasz Major: 18%, Gang Cheng: 12%, Lukasz Beca: 5%, Piotr Sokolowski: 5%, Yuping Zhu: 5%, Kivanc Dincer: 5% (Fractions determined by Podgorny) c) The original work was extended in two main areas 1) Work of Walczak, Podgorny and Fox in converting Fox's program wwwfoil.pl into Java XML and Oracle (modern technology). Walczak and Podgorny made some useful extensions 2) Fox's ideas of shared DHTML described in some memos and experimental software This extended Fox's original JavaScript shared browser used in first distance education classes in Fall 97. The new software has not been used in any "real" applications yet. The utility of this work is seriously impacted by delays (for ever maybe) in good Netscape 5 browser from mozilla.org d) Luk Beca did some interesting work on using XML to specify collaboration Technically interesting but not clearly innovative/reduced to practice enough to be patentable (use of XML is today commonplace for everything) e) Fox has suggested in recent presentations and proposals some new ideas for building collaborative portals. These are still ideas and not reduced to practice. f) Most relevant scholarly papers are Bernholdt D.E., Fox G.C., Malluhi Q., Markowski R., McCracken N., Mitra D., Podgorny M., Scavo T.,"Synchronous Learning at a Distance: Experiences with Tango", Proceeedings of SC98 Orlando, IEEE. http://www.npac.syr.edu/projects/training/Papers/sc98/ plus some reviews by Fox at SC97 and in 1999 for book dedicated to John Rice at Purdue. There are also presentations and memos from subsets of the above authors. Conventionally authorship of papers acknowledges contribution to a project. Here in particular work of Markowski McCracken and Bernholdt was essential in defining critical capabilities -- which work was basis of aspects of design documents used in patent application. --------------------------------------------------------------------------------- Process of patent preparation A) Original patent draft from Dichiara was flawed as it did not describe educational model well and had (in Fox's opinion) too much focus on trivial details of database table design B) Fox prepared documents in and about March 99 for use in planning NSF proposals which were given to Dichiara who prepared a revised document which essentially defined system used in paper (f) above (plus the WebWisdomDB upgrade which is a technical but not functional improvement) C) In August 1999, 10000 lines of code written by Fox were given to Dichiara for incorporation into patent. These are the the (still unused) JavaScript shared browser whose software was first completed in August 1999. D) Fox understands that patent was filed in August 99. He cannot find any record of a discussion of appropriateness of this and who should be inventors (before filing) E) After August 1999, there has been much debate about 1) claims and 2) inventors Ones view of this depend on if inventors are meant to match current claims (which Fox understands Podgorny consider's of little value) or claims which could be added (which Fox and Podgorny believe to be potentially more valuable) Note that in any case this patent is a "kitchen sink" which makes value of patent and assignment of inventors problematical. Fox suggests that one MUST include the correct inventors of claims in current application. F) One could have thought that being PI, lead inventor and best known scientist in field could qualify Fox to have relevant insight as to who made significant contributions. Based on following actions, Dichiara does not appear to agree with this. Apart from this mechanism, the only other natural sources of inventor names appear to be technology disclosure and published papers. Dichiara also does not appear to follow this either. G) Email of October 4 99 from Marek Podgorny to Dichiara states: "The technology described in the current pattent was in very large part invented and implemented by Geoffrey, so i have to rely on his judgemnt as to who should be listed as inventor. He is, as uually, on the road most time, but i hope that i will find time to discsuss this with him on saturday this week. you should have your answers by next monday. best regards - marek" H) Email from Fox October 10 99 suggested (without fractions) that appropriate inventors Fox Podgorny Walczak McCracken Markowski Bernholdt. This is consistent with scholarly paper strategy for determining contributors I) Email from Podgorny 21 October 1999 countered with inventors and fractions Goeffrey Fox - 50%, Luk Beca - 20%, Marek Podgorny - 10%, Chris Walczak - 10%, Tom Major - 10% Fox has no objections to Beca and Major as inventors J) On receiving document to sign in mid January, Fox informed Syracuse, Strickland and Dichiara that it seemed unwise to sign as he had documented his own disagreement with list of inventors and asked what to do about this. Dichiara did not respond to this email. In signing document one must testify to truthfulness of it. K) On February 17, Fox was informed on travel that he was threatened by Dichiara with fiscal punishment if he did not sign document. He immediately countered that he was happy to sign any document that he considered truthful and suggested language to do this. He understands that this was not acceptable to Dichiara. -------------------------------------------------------------------------------