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Re: bim, 

By: teecee in IDCC | Recommend this post (2)
Fri, 26 Oct 12 1:59 AM | 305 view(s)
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Msg. 46196 of 48237
(This msg. is a reply to 46195 by bim24)

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it was very unlikely the cafc would have reviewed claims construction...after having spent 18 months working on it....the lawyers have to do something to keep the illusion alive...so this is what we get,,,a rehash of the DI argument...way to go boys...keepin those billable hours on a slow simmer!!! Naughty Naughty Naughty Naughty Naughty




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The above is a reply to the following message:
Re: bim,
By: bim24
in IDCC
Fri, 26 Oct 12 1:47 AM
Msg. 46195 of 48237

TC

you would think the domestic argument would have been the worst to challenge... gonna be tough to convince anyone that an entity like IDCC doesn't do the following.

Domestic Industry. Section 337(a)(3) defines a domestic industry for articles protected by intellectual property. Under the statute, a domestic industry "shall be considered to exist if there is in the U.S."

A. significant investment in plant and equipment;
B. significant employment of labor or capital; or
C. substantial investment in its exploitation, including engineering, research and development, or licensing.


if nok ain't contesting the claims, they must be extraordinarily/strongly written by the judges.
plus the fact that J. Newman didn't contest all the claims in her dissent... WM is onto something in the CC when he said that the appeal is giving holdouts much to think about as they sit there and wait for it to keep proving up/itself.


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