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Message: New Pacer--DEFENDANT NEC ELECTRONICS AMERICA, INC.’S FIRST AMENDED ANSWER TO THE SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT AND NEC ELECTRONICS AMERICA, INC.’S SECOND AMENDED COUNTERCLAIM

Where did they get that information ?(in bold) How did they know what apparently Shaw was thinking.if Shaw worked for Higgins, then isn't that privledge information?

"79. Mr. Shaw was the principal liaison and technical contact of Patriot Scientific Corporation for its then patent attorney, Willis Higgins. In that capacity, Mr. Shaw attended several interviews during 1997 and 1998 with the Examiner assigned by the United States Patent and Trademark Office to patent application ser. no. 08/484,918.
80. Despite believing that a ring oscillator system clock would not work as claimed in patent application ser. no. 08/484,918 or that undue experimentation would be required to achieve a microprocessor with a functioning ring oscillator system clock, Mr. Shaw told the Examiner that a ring oscillator system clock would work to drive a microprocessor at its fastest safe operating speed, thus conveying the impression that a ring oscillator system clock was an improvement over other clocking systems. In particular, Mr. Shaw failed to tell the Examiner that Nanotronics had abandoned the design because it likely would not work.
81. Mr. Shaw intentionally deceived the United States Patent and Trademark Office in order to expedite the allowance of patent application ser. no. 08/484,918.
82. The deception related to material facts which, if they had been fully disclosed to the Examiner, would have allowed the Examiner to make a prima facie rejection under 35 U.S.C. §112 1.
LACHES"

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