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Re: loop or attorney comment on this...

By: Longtimer in IDCC | Recommend this post (0)
Sat, 19 Nov 11 12:19 AM | 321 view(s)
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Msg. 43769 of 48237
(This msg. is a reply to 43767 by zzfan)

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Thank you, loop, for taking the time to answer.

I had arrived at that site while clicking from one article to the next. What was of concern to me was that it was an opinion written by Judge Newman who is reported to be the one writting our opinion. The comment I highlighted in my previous post made me think of "gee, Is our CAFC taking so long because they are trying to find a way to have it go Nokia's way" ("What the CAFC is actively doing in several statute sections is creating self-contradictory case law, so as to more readily excercise bias towards large corporations..").

And then there was also this line: "The gratuitous expansive interpretation of §112 ¶ 6 here, creating conflicting precedents, lets the courts rule whichever way they please when close to the line."

This long period it is taking for our CAFC decision bothers me, in light of the many court decisions over the years that have sent IDCC on the appeal route. And, then there was that total surprise to Rambus in their Anti-trust ruling that just has me spooked, and thinking sinister thoughts about corruption, etc in the system.

Thanks again.




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The above is a reply to the following message:
Re: loop or attorney comment on this...
By: zzfan
in IDCC
Fri, 18 Nov 11 11:44 PM
Msg. 43767 of 48237

One thing is certain, change is almost guaranteed except out of vending machines. Once the legal profession discovered that claims construction was a exercise unretrained by objectivity, the infringers have pounded away at every claims construction rendered by the judges and special masters. Due to the subjective nature of claims construction, continued challenges have led to what appears contradictory decisions. It has become a first row seat in a Philosophy 101 class and unfortunately the answers to a question are only good until the next class. Technology patent litigation is just now forming a ground floor. So long as IDCC is in the business of establishing methods for establishing and connecting the pipes and maintaining the flow from the sender to the receiver, we should not have too many problems because the standards bodies will guide the use. Companies that provide optional methods and use of the terminals being used at the ends of our pipes will run into a continual problem of identification of their functional use. I suspect that the mere ability to download a function to a terminal will not be extended to infringement claims against manufacurers and users of the terminals who opt not to use the invention of the claimant. It makes sense to me to limit the claims of one touch to the vendors and users of its system and not include the terminal manufactures. I am not a patent attorney, but I hope this helps.

MO
loop


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