Re: EDIG v.Woodman Labs-All issues pending outcomeof dispute concerning patent 737 !
posted on
Sep 30, 2013 07:55PM
1. The Colorado Markman messed up 774, but 737 was left in tact.
2. We lost the collateral estoppel hearing, the judge upheld the CO decision.
3. We then got 774 re examined, clarified, and reasserted with information that Judge Krieger did not have available when she ruled.
4. We filed suits claiming infringement on both 774 and 737.
5. At the SHM, Handal said that 774 was not dead, is on the back burner for now and could be re visited "when the time is right."
6. Apple's request for summary judgment was denied. We have recently agreed to drop the 774 portion of the suits while preserving our rights down the line should the collateral estoppel decision get reversed. Several companies have agreed to this while leaving 737 still up to claim construction/Markman hearing in March and very much in play.
So Doni or anyone, could Handal have intelligently painted the defendants into a corner? By that I mean is it possible that if we prove infringement on 737 and prove that 774 is essential for the use of 737 that it could negate the collateral estoppel and also prove that the Colorado decision was not correct and was based on only part of the 774 patent?