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Message: IDF 2011 Beijing, April 12-13 2011

Great post sman998! I am no attorney, however I found one part very interesting. It said that the claim construction "is the meaning that the term would have to a person of ordinary skill in the art in question AT THE TIME OF THE INVENTION, I.E. AS OF THE EFFECTIVE FILING DATE OF THE PATENT APPLICATION."

It seems to me that the defendants are trying to pick apart the wording of the patents with the benefit of hindsight in the context of how the industry has grown and expanded since the filing of the patents. If Judge K is able to climb into her time machine and rule based on the Phillips case and view the patents in the context of what had transpired in the industry to that point in time, I think there may be some concerned large companies trying to evaluate their exposure and one very small company trying to plan for the future.

GLTAEL

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