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Message: Re: With prejudice and Without prejudice

"Interesting that our claims against NEC were dismissed with prejudice, meaning they can't be brought back, while NEC's counter claims were dismissed without prejudice.

Any legel eagles out there care to explain why that would be? Seems like TPL/PTSC would want the same "with prejudice" protection that they gave NEC."

You know me, allready ran this by a patent attorney. His response:

We can't sue them for patent infringement regarding the same products in the future. NEC can still bring forth its counterclaims...however it likely only had counterclaims seeking a declaratory judgment of non-infringement/ invalidity. I'm sure the settlement agreement addressed the issue of when NEC would have the right to bring a counterclaim.

Dec 17, 2007 02:28PM
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