Re: New Pacer--PLAINTIFFS TECHNOLOGY PROPERTIES LIMITED AND PATRIOT SCIENTIFIC CORPORATION'S ANSWER TO NEC ELECTRONICS AMERICA, INC.'S SECOND AMENDED COUNTERCLAIM
posted on
Oct 03, 2007 05:50PM
In my ignorance, I have to say that this is a virtual request for summary judgment (though not really a summary judgment per se because the '584 is out).
Some may point to that definition of summary judgment and all the required accompanying data/input. All that has already been done IMO (i.e., the definition doesn't consider the point in the litigation process, and therefore includes these requirements for those instances where there may be a motion for summary judgment before the Markman, for instance). JMHO.
"Summary Judgment" to me suggests a judgment on everything. Well, read it again (is anything missing, no, this is the whole enchilada? Of course the '584 is not in there.):
"PRAYER FOR RELIEF WHEREFORE, TPL respectfully requests judgment of the Court against NEC Electronics as follows:
a. a declaration that NEC Electronics' accused products infringe U.S. Patent Nos. 6,598,148 and 5,809, 336;
b. a declaration that U.S. Patent Nos. 6,598,148 and 5,809, 336 are not invalid;
c. a declaration that U.S. Patent Nos. 6,598,148 and 5,809, 336 are not unenforceable;
d. an award of attorney's fees and costs; and
e. such other costs and further relief as the Court may deem just and equitable."
I think this is it! But I KNOW nuttin'!
So this is NEC. Looking for Toshiba and MEI.
SGE