Here is what happened in the yesterday's PACER filing posted by SILVER...
FIRST:
1) All claims of infringement relating to 445 and 108 " ...THAT HAVE BEEN, OR COULD HAVE BEEN BROUGHT IN THIS LAW SUIT", against Samsung, or related Samsung enteties that could have been named "IN THIS LAW SUIT", are hereby dismissed "WITH PREJUDICE"...
O.K.; You have asked the correct question in trying to asceratain what happened here? ...
DM just agreed to forget about all the claims relating to application of 445, and 108 to SAMSUNG activities claimed to be infringed upon that were raised or could have been raised IN THIS LAW SUIT...(empphasis on IN THIS LAW SUIT.)
And since DM agreed this disnmissal is to be WITH PRERJUDICE, they cannot raise the same claims made/or could have been made in THIS LAW SUIT in the future...
If you have read so far the way I intend this to be clarifying, with your sharp mind you have understood that DM can file another law suit and make other claims based on 445 and 108 that he claims to be different than those filed or could have been filed in THIS LAW SUIT...
Thus, the door is NOT CLOSED on DM and EDIG to file other claims of infringement against Samsung and its other enteties in the future based on 445, and 108...
SECOND:
(2) Samsung lawyers agreed to dismiss all declaratory judgement counter claims by Samsung of NON-INFRINGEMENT relating to 445 and 108 patenets that are brought IN THIS LAW SUIT WITH PREJUDICE...
This could only mean that no such claims can be raised by SAMSUNG in the future, as they just agreed that NON-INFRINGMENT CLAIMS ARE BANNED, NOW AND FOR THE FUTURE...
THIRD:
(3) Samsung lawyers also agreed to dismiss al their claims of INVALIDITY relating to 445 and 108 WITHOUT PREJUDICE, which means they can raise them in the future.
The net result my confused (with legal jargon) friend is that DM had a KNOCK OUT PUNCH TO THE SOLAR PLEXUS and won the Motion hand down...
The case moves along, the 445, 108 are alive and well, and Samsung battery of lawyer didn't know what ran over them...
This is outstanding lawyering by DM. I have said before the greatest act by RP was finindg DM and selling them the idea to commit to EDIG case as they have...
Gil...
MEMO TO RON RAN...
If you read this please chime in I respect your keen mind from my days on PTSC Board...
Gil...
