Re: Judge's comment...Lightsout....
in response to
by
posted on
Feb 19, 2011 01:25AM
You said:...
The only reason for her to review CC issues 3-8 is because the defense lost on CC issues 1 and 2 triggering a need to review 3-8."...
FIRST:...
Your statement is contrary to what Hon. Judge M. Krieger said in open Court...
As Silversurfer reported the Judge was heard to state something like "If the ruling on the first 2 claims is Dispositive of the case I will not rule on the remaining [6] claims..."
According to your logic, the judge has already ruled on the first 2 claims for EDIG, thus she is taking longer to rule on the 6 remaining claims?!?...
Which part of the Judge's statement you are having diffculty understanding? She already has said that if she ruled on both claims for EDIG she is not ruling on the remaining 6...
SECOND:...
You are assuming that the Judge is compelled to Rule on the 6 remaining claims just because the defense attorneys ASKED her to do so if she rules for EDIG on the firts 2 Claims?!?...
NOT SO...
I f you re-read page10 of Silversurfer's report, the Judge boxed attoneys for both sides by asking, in open Court, as a matter of record, what they wanted done about the remainig 6 claims, as all the evidence on 1/28/2011 Hearing focused only on the first 2 claims of the 8 submitted for "Construction" by the Court...
After some fast thinking "On their Feet" our side told the Court as follows:...
Plaintiff is OK with your Honor construing the remaining six (6) claims based on their plain and ordinary meaning. Unless defendants want them construed,in which case our submitted definitions stand.
So far Mr. Jameson has told the Court (1) If your Honor rules for the plaintiff on the first 2 claims, then your Hon.can apply the [Plain and Orinary Meaning of the words] Rule of the Phillips case to the next 6 claims and dispose of the case. (2) Unless defense wants the 6 claims [constructed], in which case our written definitions stand.
Defense lawyers asked for a time out, and went to another room to have a confab. When they reconvened, Cohen spoke and said that (1) unless she ruled for the defendants on the first two construction claims mentioned (above), which would basically end this case, then the defense would want all claims ruled on. The judge then said something like, “OK, if these two claims are ruled as dispositive to the case, I won’t rule on the other claims.”
The problem you are having is with what is the meaning of the words "dispositive to the case," as used by the Judge in addressing the Attorneys in open Court....
Here is the Dictionary meaning of the words"
Legal Dictionary
Main Entry: dis·pos·i·tive
Pronunciation: dis-'pä-z&-tiv
Function: adjective
1 : directed toward or effecting a disposition (as of a case) dispositive …pretrial motions —Robert Shaw-Meadow>
2 : relating to a disposition of property < dispositive words in a will>
3 : providing a final resolution (as of an issue) : having control over an outcome < dispositive of the question>
You can have 5000 issues in a case, if one of them is deemed "Dispositicve of the case" by the Court, that will end all remaining issues. As an example, if there is a big disaster in sea between Princess Cruise Flag Ship and it collided with an Oil tanker by Fairllon Islands, and some one files a big class action law suit in San Francisco Superior Court, and there is a Motion for Summary Judgment claiming the Court lacks Jurisdiction over the matter, a ruling on that Motion shall be dispositive of that case. As the case should have been filed in Federal Admiralty Court...
This Court has already said that there will be no ruling by the Court if her ruling on the first 2 claims are dispositive to the case. Which means if she rules on both claims for either side.
There will be an OPINON ON DECISION, discussing the facts and the Law as applicable to the first 2 claims. And then may say something about the remaining 6 claims in line with the Ruling of the Phillips case.
This makes me optimistic that EDIG should win on both claims as they presented a far supreior case during the Markman Hearing...
GLTA...
Gil...