Was the last Markman favorable?
posted on
Jan 24, 2012 02:02PM
Everyone says the last Markman was favorable but since then we have not had a large dollar amount license. Is the 584 the key?
The June 18th Markman ruling broadly confirmed the strength of MMP claims including the very significant affirmation of US 5,809,336 as applied to both modern PLL-based and non PLL-based systems. Following the ruling, Leckrone asserted, “The ruling reflects well the skill of the Texas Court in dissecting and dealing with a very complex trial over the past 15 months.” At that time he noted that there was a specific phrase that would require further scrutiny, and that phrase, disclosed today, is “instruction groups” as it relates to “multiple instruction fetch” techniques protected by US ’584.
Accelerating US ’584 Appeal Process
Commenting on the proposed partial judgment relative to US ’584, Leckrone said, “We continue to believe that the claim construction for ‘instruction groups’ deserves more scrutiny than the Court could give it during the Markman hearing due to time and space constraints. While the proposed partial judgment we are seeking agrees to a judgment of non-infringement on this claim construction for the Texas Court trial, it will allow us to seek reversal of this interpretation in the US Court of Appeals for the Federal Circuit immediately. Otherwise, TPL would have had to wait for the end of the Texas Court trial in order to have the interpretation reviewed by the Court of Appeals.”
Despite the Texas Court trial, the sweeping scope of applications using MMP design techniques continues to encourage manufacturers of end user products from around the globe to become MMP licensees. Since January 2006, HP, Casio, Fujitsu, Sony, Nikon, Seiko Epson, Pentax, Olympus, Kenwood, Agilent, Lexmark, Schneider Electric, NEC Corporation, Funai Electric, SanDisk, Sharp Corporation, Nokia and Bull have all purchased MMP Portfolio licenses.