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Message: Re: How Come! additional info...
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Nov 27, 2015 09:21AM

"1) Edig wins on the legal front and its future is very bright!

2) Edig gets a partial win and we are stuck in pergatory

3) Edig can't get a legal win and we are done"

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"1) Edig wins on the legal front and its future is very bright!"

Just to clarify a bit, because there are two legal issues standing, each having variation of outcome:

A. EDIG for the civil proceedings, regarding claims construction, could be realized in two ways..

1. Its claims are limited to, in general, to a meaning of the word social.

2. Its claims are not limited to, in general, to a meaning of the word social....this being the better.

B. EDIG for the IPR proceedings, regarding patent validity, could be realized in two ways.

1. Discovered to be patentable..predicated on: a. PTAB chooses not grant an IPR..b. full prosecution.

2. Discovered to be un-patentable by full prosecution.

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In light of the above:

"2) Edig gets a partial win and we are stuck in pergatory"

It's not about a partial win to be stuck in obscurity....

When the claims ruling comes down, it can go in two directions, one direction being better than the other, and the finality is NOT purely detrimental to EDIG, it's just limitations of use... would you not agree?

If you review the above IPR issues B. If item 1. Discovered to be patentable happens it can be combined with the outcome of A. items 1 or 2 ... 2 being the best finality.

If you review the above IPR issues B. and the parties agree to settle in some fashion and the IPR's go un-prosecuted and are then closed ....this is where the obscurity comes into play as un- resolved....and will remain as such until resolved. This is what happened with 108....unresolved.

If you review the above IPR issues B. If item 2. Discovered to be un-patentable happens... it's end of story.

FWIW

doni

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vic
Nov 27, 2015 11:20AM
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