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Message: Re: apatentlawyer - what am I missing?

May 06, 2007 06:45PM

Apologies for missing this post. I don't have specific knowledge of judges in Texas, or Ward in particular, but it is simply my experience that judges won't take additional papers as a matter of course.

Based on Ward's recent claim construction orders, I expect him to ignore it for the most part, however, because it is extrinsic evidence. I say this because his recent orders have been pretty clear that he does not pay much mind to extrinsic evidence. Thus, the defendants' expert declaration is also likely to be largely ignored. If there was a particular point that Ward wanted a little more information about that was in the declaration, for example the frequency discussion, he might see what the experts said, but I don't think he would credit the expert for leading him to his ultimate conclusion.

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