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I beleive the CAFC ruling released yesterday sets a precedent 

By: my3sons87 in IDCC | Recommend this post (3)
Thu, 02 Aug 12 6:22 PM | 330 view(s)
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Msg. 45806 of 48237
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for all claim constructions of patent claims and their meaning to those who practice the art. In essence, the trier of the case can not change the color of the claims, words and meaning of the patent to suit their determination. In other words "code" does not only mean spreading as the ALJ Luckern decided it did.

I think the BS claim disputes being brought forth by the respondents (Nokia, Huawei and ZTE) are going to get shot down. The wiggle room for stating how the patent should be construed in their opinions will be greatly limited to the patent claims and wording. AS the CAFC correctly found in the ALJ Luckern determination, the commission and Luckern "Miscontrued" the patent claims.

Expert witnesses are a dime a dozen and generally beholding to the person paying them no matter what the facts say. Testiliers say what they are paid and told to say.




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