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Message: Re: PACER Samsung --- richardo silversurfer
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Jun 20, 2009 04:28PM
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Jun 21, 2009 10:09AM

Hope the following clarifies some of my thoughts. As to multiple markman rulings..I have no idea. I didn't mean to imply that in my posts.

I posted a couple of messages on this topic. The issue centered around a validation of our patents. Also a markman hearing and jury trials.

In summary I ststed that a patent is never totally validated as a markman ruling only provides a judges opinion favoring the validation of a patent lawsuit. The suit could still go to trial with an unknown decision.

I also stated that you could have a trial by a jury and win, however the following jury trial may end up uinfavorable, therefore the validation process is not based on a one time process.

Comments fro a prior post:

Just because we have 6 settlements in the bag, that doesn't prove or validate that our patents are strong enough to win any more suits, much less the remaining 180.

It become a business strategy, and I would take it all the way. I think too many on the board believe that we have totally validated our patents, but a settlement doesn't prove the issue one way or the other.

In patent trials, each case is decided based on the merits of each side, either by a judge or by a jury.

A favorable ruling by a judge or a jury does not dictate that all future rulings will be the same, therefore there is no positive validation, but it helps to get a favorable markman ruling or a favorable decision by a jury.

There is no sure way to validate a patent.

A trial may decide in your favor and reward you accordingly.

The next trial may decide against you.

Now, what would you conclude?

Also, an appeal could reverse a prior decision.


Jun 21, 2009 11:10AM

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