The following is the significant portion of Toshiba`s
rebuttal.I am wondering if there is any crediance to what
they are saying or if this is typical sparing that goes
on in a case such as this.Any experts please chime in.
Sorry I could not include the whole rebuttal but I had to
manually type the following:
``The request is based on two false premises. The first-
That the differences between a toshiba product family
are irrelevant to infringement such that one chip may be
deemed ``representative`` of the whole - is easily debunked
with information on Toshiba`s website. The second- that
plantiff always intended to acccuse families but
``erroneously`` neglected to do so-is belied by their original PICS and the correspondence preceding them.
The ``Corrected Disclosure of Asserted claims and Preliminary
Infringement Contentions`` submitted with plantiff motion is their fifth effort (in six weeks) to inform defendants of the scope of this case. These vacillations reflect a cavalier and lacadaisical approach to compliance with this
Court`s rules. They are inconsistent with plaintiff`s
claim to have excercised the sort of diligence that is prerequisite to the relief they seek.``
Thanks in advance
P.S. Seems there may be a manpower (Or lawyerpower) issue
at play here.Apparently the scope of infringement is
so wide that it takes an enormous amount of time just
to catelog it. If so, the rocket docket may not be the place
to be.And multiple defendants may play into this issue also.
GLTAL