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Message: Re: Rethinking patent claim construction--SMAN
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May 17, 2011 10:54AM
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May 17, 2011 11:24AM
BLR ,There were many titles in this lengthy research article (PDF file) from Pennsylvania
law review that i did not posted . The tone of this document and many other articles points
to, if there will be a favorable Markman ruling (on several key claims ) then in view of
significant cost of litigation before and after trial majority of those defendant infringers will
settle . Then there will be a few that even after claim construction ; those defending
lawyers begin fighting about meaning of the " WORD " and they hope for prospect of
reversal on appeal and process of re - examination . Again the expense is major key factor
in their decision at that time .What we should hope is we achieve a favorable Markman
ruling that ends up with couple of very large settlement and also winning many motion for
summary judgement . JMHO
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