Re: What is the consensus...
in response to
by
posted on
Sep 27, 2010 11:54AM
"Most if not all of the defendants outsource what e.Digital is after anyway...."
This one sentence caught my eye, and is worth further explanation. With specificity, what is the item that is outsource by most defendants? e
If Nanully says "If you take the SD card out of a Blackberry Storm and it doest not work, it is an infringing product", what is the cause of infingment? Is it the fact the card was made by SanDisk, a partner of EDIG and has EDIG tech. on it?...
Bearing in mind that we are in the Courts, every word in every sentence has its own significant meaning...
For example, if the SD card manufactured by SanDisk had EDIG tech on it, and EDIG had knowledge that SanDisk was going to put it in the course of commerce, and someone bought it in good faith for use in a widget they made, there are appellate decisions that say there is no infringement in such a case.
On the other hand if somone, bought the SanDick card and then reverse engineered it to get to EDIG Tech. and use it in its products, there would be infingment,and so on.
Gil...