Re: Does a Markman Ruling have to be made public?..opty....
posted on
May 15, 2012 04:45PM
If you disavow something to overcome prior art, you can still have a valid patent, BUT the prior art will not infringe your valid patent. So if the judge defines the disputed claim construction terms against TPL, there will be limited to no infringement. The T3 claim we disavowed certain rights based on the 'non-controllable' term with the USPTO for the 336.