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Message: Re: Ring Oscillatior Clock Generator, facts and truth....very long post
Spot on, Ron. This latest motion, if it were to succeed, would be a de facto rewrite of the claim construction orders IMO. Enough is enough. The parties have positioned themselves for literally years and there are different products and claim constructions than the ITC. Updating the claim construction in an indirect manner by performing an endaround to the original claim construction orders that were not favorable to HTC by jamming an updated jury instruction into the final list can't be allowed and should be denied. One has to wonder if the ITC was worth it given the door of opportunity it has slightly opened at the NDoC. That door needs to be slammed shut and quite frankly I'm amazed that a hearing was even scheduled and Judge Grewal did not deny the emergency motion in writing. I'm assuming the ITC ruling by Judge Gildea is the legal backing for all of this last second manuevering. The court is going to force our attornies to battle this point minutes before the trial begins. Give me a break!
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