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Message: todays 12C issue
I consider this a tactic of the defendants to get themselves dismissed from their respective case, if they can relate themselves to the e.Digital / Samsung redacted information obtained.
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The two week decision of the judge, regarding Collateral estoppel (CE), is an effort of the defendants to actually point to considered invalidity of e.Digitals 774 patent. Their attempt is based on issues harvested from the Colorado case and subsequent Markman hearing.
774 has significantly changed.
The claims construction / Markman hearing was not fully deliberated....and the judges Markman consideration is questionable, in light of the re-examination of 774. Where the ambiguity regarding it being uninterpretable by "one of ordinary skilled in the art" has been lifted.
774 is now considered to be interpretable..... the question of implicit vs. explicit references are without question.... very identifiable.
doni
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