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Pounding The Table... | 392 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

Don't forget the reversal of opinion on the claims construction

Authored by: Ian Al on Saturday, June 02 2012 @ 07:20 AM EDT

In order to prevail on his new (or concealed) theory, he had to get the facts of
the case, changed.

---
Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid!

[ Reply to This | Parent | # ]

Pounding The Table...

Authored by: sproggit on Saturday, June 02 2012 @ 02:23 PM EDT

I agree with your observation, but wonder if it isn't deeper than that.

If Boies felt that his case was irrefutably strong, he would have been able to
advance it without the need to resort to subterfuge.

The mere fact that he *did* use subterfuge should serve as an indicator of
how much he believed in the merits of the case he was being asked to
make. Hint: not at all.

Just for a bit of fun, let me also advance the theory that Judge Alsup (with
his numerous references to asking the parties to pare the case down to
their best arguments and advancing those), saw through Mr Boies in a
heartbeat...

[ Reply to This | Parent | # ]

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