Re: All present for hearing? Ignorant post
in response to
by
posted on
Jun 16, 2013 01:01AM
"lso, if we think we have a win, so do some of the respondents. I'm sure that much more than chump change would/has been offered by these entities to avoid their products being halted to the U.S. I just don't see it, and I have been long (and still am) since '06. I believe the power and the money involved here have been in constant contact with their favorite congressman/woman, representative, etc...and the 'fix' is in. They all need the kind of money and influence these large companies can provide to their respective campaign funds. Thus, the timely Obama announcement. "
I've mentioned several times in my recent posts the inherent political/business risks with PTSC at the ITC. Judge Gildea will be under enormous political & Big Business pressure to render a noninfringement verdict in the ITC trial. He knows the stakes.
It is quite possible some if not all of the "Respondent 12's" and/or Electronic Bus Group's Business Lobbyists located on K Street in Washington D.C., were called into action earlier and directed by the "Respondent 12" to contact their individual Congressmen/Senators to exert whatever pressure necessary to toss the case earlier at the MSJ stage. It would not surprise me in the least that the pressure was exerted on the ITC Attornies to recommend to Judge Gildea to toss the case at the MSJ stage.
A plausible case could be made below:
Originally, the ITC Court Attorneys closely followed earlier Markman Claims Constructions from Judge Ward & Ware, prior to Gildea's Construction in late March- Fact. After Gildea made his Constructions, the "Respondent 12" ,soon thereafter filed a MSJ, and the ITC Staff Attorneys concurred. The MSJ was the quickest "Vehicle", to get the case tossed. Luckily, Judge Gildea went AGAINST his own ITC Staff Attorney's recommendation, and allowed the case to proceed to trial in totality, and not narrowing the case in scope in any way.
This is not to say Judge Gildea will not find infringement at trial, either by testimony or political/business pressure>> which we will never know his reasoning behind his decision. But IMO, it does seem to indicate he has an independent/inquisitive streak and may be immune to outside pressure, leading to a more level playing field. Virt