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Message: PACER: Special Masters Order Recommended Discovery Order No. 2.. 2-24-12

Despite TPL’s

argument to the contrary, plaintiff, Barco, is not attempting to require that the ICs be “a

mechanism for resolving the

merits of the party’s dispute.” Rather, Barco’s motion relies on

the language of

Network Caching Tech., LLC v. Novell, Inc. No. C-01-2079 VRW, 203 WL

21699799 (N.D. Cal. Mar. 21, 2003). The Court in

Network Caching stated that:

“at this juncture [the contentions phase], a party may comply with

Patent L.R. 3-1 by setting forth particular theories of infringement with

sufficient specificity to provide defendants with notice of infringement

beyond that which is provided by the mere language of the patents

themselves.”

From:http://photos.imageevent.com/banos/t3/Special%20Masters%20Order%20Recommended%20Discovery%20Order%20No.%202..%20%202%2024%2012.pdf

Above is the current order, giving us 20 days to amend. Notice TPL's argument that Barco is just trying to get us to prove infringement at the contention stage. The Special master also Judge Lyod said no, we just want to make sure you tie the chips to the patents, and not the patents covers all chips(sort of idea)....in my guesstimation.

So somewhere between proving infringement and just showing more expilicitly that the chips fall under the patent's we hold is all were asked to do. Not actually prove the infringement. The special master sided with TPL at one point and subpeona'd the documents showing it Seagate has. Then he was made aware by the Motion to strike( on the 21st?) of some case law, and has to give time to TPL to Amend these things.

This is a mini victory for TPL actually in the Special master see's it, but he has to follow case law. In other words or laymans terms(im not a lawyer or related in anyway shape or form) Barco found a loophole for them moment , we now have to rise to the occasion!

Best wishes

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