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Message: Re: Pacer : Filing of Official Transcript of Claims Construction(Micron) by6/3/2015
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Mar 05, 2015 10:34AM

Interesting. If Micron feels the transcript doesn't reflect the judge's decision, it can ask for a correction. Lot's of hoops to jump through. This is a marathon....not a sprint. Maybe my heirs will benefit....certainly not me.

"Overall, patent challengers tend to win: Overall, patent holders tended not to win in cases that went to a definite merits resolution. Overall, patentees won only about 26% of the time (164/636 definitive merits rulings). In addition to invalidity, patent holders lost on frequently-brought motions for summary judgment of noninfringement 54% of the time (257/473) and infrequently obtained summary judgment on more rarely-brought motions for summary judgment of infringement (41/128). Thus, although patentees had a fairly high success rate at trial (winning on 59% of patents when juries made the decision and 64% when the bench did), the 1-2 punch of summary judgment followed by trial meant that most patent cases that went to judicial resolution were resolved in favor of the patent challenger.

I'm confused about this excerpt you selected from an article by James Rantanen. I tried to find out what "a definite merits resolution " meant. Maybe you can help me. The highlighted section seems to suggest that pantentees win most of the time at trials but tend to loose when summary judgments are part of the mix. The implication is that summary judgmemts produce "definite merits resolutions". which are detrimental to the patentee. I sort of arrive at this through the back door. :>):>)

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