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Message: Re: Using an Expert at a Markman Hearing

"Thus, it is critical that the expert testify consistently with the intrinsic evidence. This does not mean that the expert should simply read the patent and its prosecution history and give the court an opinion on how the claims should be interpreted. Indeed, such testimony could be seen as usurping the court's role."

As I have made note of many times....you can not simply read the patents and come away with an understanding.

The patents are about:

data structure....

data base....

data handling....shadow vs. page

serial vs. parallel memory....and what best fits, even though both can be utilized in the same manner under their process.

With that, why the collective above, allows a process that can be configured to handle any OS/ file attributes.

All of the above is important, however, for the level they are after(data handling), it should be a simple process to prove and they do that by pulling the memory. Where their efficiency hidden behind this issue, IMO, tier 2, comes into play, I have no idea.

doni

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Aug 12, 2009 01:19PM
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