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Is the PTO bound by the claim construction used by the court? | 319 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Is the PTO bound by the claim construction used by the court?
Authored by: Anonymous on Friday, May 18 2012 @ 08:22 PM EDT
Yes, but because of the parties stipulation and not because of the operation of
the law. As I said, a rejection by the PTO can be appealed all the way to the
supreme court in a lawsuit between Oracle and the PTO. Only after Oracle has
exhausted this avenue (i.e., lawsuit against the PTO to get the patent
re-issued), will a jury verdict of invalidity become operational as a matter of
law.

BTW, invalidity of the '104 patent is not in front of this jury to decide
anyway. Duh!

The importance of "stipulation vs operation of law" is that the
stipulation is binding on Oracle only against Google. Which means that if the
PTO rejects '104 patent but later on Oracle wins the eventual lawsuit against
the PTO, Oracle can sue everybody else (Samsung, etc.)

[ Reply to This | Parent | # ]

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