With the USPTO initially invalidating the patent in the Forgent

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l2007s

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With the USPTO initially invalidating the patent in the Forgent

posted on Dec 16, 2007 07:26AM

Echo Star case, it would seem easier to argue invalidity in court. What would have happened if the USPTO found the patents to be valid? Would the defense then have argued invalidity or just fought against the infringement charges.

So far, we have not heard from USPTO regarding a decision on the re-exam. If it remains this way through a possible trial.....how strong will the Js defense be against validity without the USPTO behind it?