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Message: Re: So What Happens Now - Brief due 4/23/18
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Mar 18, 2018 04:48AM
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Mar 29, 2018 11:38AM

Re-typed from the brief (as I had problems copying)......I believe this is an appeal which resluted from the District court's Summary Judgement determination on remand.....initial Appeal...remand to District Court by order of the appellate court...District Court rules....we don't like the outcome of the District Court on remand and appeal that apect of the ruling...I believe we replaced our counsel after the Summary Judgement determination...so we have fresh horses (that need to get up to speed) to use going forward...clear as mud (if I have it correct...or somewhat correct)...


5.  This consolidated appeal arises from the district court’s order granting summary judgment of non-infringement of U.S. Patent No. 5,809,336 (“the 336 Patent”) in the underlying district court actions based on the district court’s finding that the accused products did not satisfy the “entire oscillator” limitation.


6.  These civil actions were previously the subject of a consolidated appeal filed in this Court following the district court’s issuance of an earlier claim construction order, after which plaintiffs stipulated to the entry of judgments of non-infringement to enable appellate review.  Those appeals were consolidated under lead Case No. 16-1306.  This Court determined that the district court erred in its construction of the “entire oscillator” term, including based on its disclaimer analysis and finding, and therefore vacated and remanded the district court’s claim construction and entry of judgment in an opinion dated March 3, 2017.


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