Msg. 44452 of 48237 (This msg. is a reply to
44451 by
bim24)
Jump:
If you are seeking tech talk and attempted comparisons, you should try asking your questions on the IV board. I believe NukeJohn, I_Q and several other engineers post there. Hope you get your answers.
Bear in mind that Judge Luckern did his own claims construction and did not conduct a Markman hearing prior to the evidentiary hearing. This format is very problematic on its face. Judge Luckern had a background in the chemistry field which has been a very narrow and exact science. Thus, he was far more comfortable with precise definitions and was logically less comfortable with the doctrine of equivalents and the knowledge of a person skilled in the art of air interface development. A true and thorough Markman hearing covering the claims involved could have taken the entire amount of time that the evidentiary session lasted. As I have stated in the past, if Nok had believed the issues ultimately found by Judge Luckern actually had any possibility of being determined, they would have made a motion for summary determination to avoid the cost of the evidentiary hearing and have the 337 investigation terminated early in the proceedings. Further, Judge Luckern actually asked Nok if they wanted a Markman hearing and they declined. I believe every attorney representing IDCC, Nok and the government was shocked with the determination issued by Judge Luckern. This is why I believe there is a good chance of a reversal.
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