An interesting moment that I had forgotten...
posted on
Jan 30, 2011 12:56PM
Perhaps SS can help with this but at one point in the final argument, Mr. Jameson said something to the judge like, "I know that your honor has alot of experience in claims construction proceedings. She quickly interjected saying, "I don't know about that. SUCHANDSUCH (maybe Philliips??) was NOT my finest moment." Mr. Jameson laughed it off knowingly and said, "but we ALL learned something important from PHILLIPS (??). We learned that we have to be very careful to give priority to what is contained within the patent and NOT give undue importance to what might be contained elsewhere."
This is just my recollection of the of the general exchange. This was a very brief exchange but I took it to mean that at some point in an earlier claims construction case (perhaps Phillips?) she had done something incorrectly and had been overturned.
Profundo