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| Authored by: Anonymous on Saturday, July 14 2012 @ 04:29 PM EDT |
This is what was said earlier, from the relevant parts of pages 34-36 in the
transcripts of the April 25, 2011
hearing:MR. NELSON: Your Honor, there is one actually
minor
issue that I believe the parties are in agreement
on. The defendants have asked
plaintiff to agree on a
briefing schedule on a summary judgment motion
of
indefiniteness on a couple of the claims terms. That
would add about five
pages to each side's respective briefing for the Markman briefing. And then
defendants
would get two pages each on each of the two issues, and a
reply. We
have no objection to that order. I think we
are in the process of finalizing an
agreed motion on that
point. But if the court would entertain something
orally,
we would be happy to do it orally. Or if the court would
like to see it
by paper, it will be filed within the next
couple of days, if not
before.
THE COURT: Essentially the bottom line is, you
want to add more
pages?
MR. KREEGER: The idea is, your Honor, often the
courts -- I don't
know if your Honor -- In the course of
claim construction you come to the view
that one of the
terms is "indefinite." The question is: What do you do
with
that? Some courts then invite a second round of
summary judgment
briefing.
THE COURT: I am not likely to do that.
MR. KREEGER:
Our proposal was to give the court a
summary judgment motion, along with the
claim construction
briefing. So if you agree with us on this, it has
the
potential to save work. If you find these terms
indefinite, then the whole
patents go away. That was the
rationale for raising it, along with claim
construction.
THE COURT: I am all for saving work. I am pretty
much
against adding pages.
MR. KREEGER: Should we not submit the
motion?
THE COURT: You would have to convince me that you
need extra
pages for this particular issue. To be
perfectly honest, if all eleven parties
are going to write
to me, think of the thousands of pages you can come
up
with.
MR. KREEGER: Your Honor, we might be able to work
out an
arrangement where this doesn't have pages, if
that's the court's concern,
present it without increasing
the pages.
THE COURT: That would be
nice.
MR. KREEGER: We will go back to that.
Anything
else? That's when the defendants supposedly said and didn't
say the stuff Interval is talking about. I wouldn't interpret it that way. For
example, offering something in the next couple of days count as an early
deadline?[ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 14 2012 @ 04:49 PM EDT |
Defendants offer that the patents are invalid under 35 U.S.C. ยง 112:1
Interval does not have to answer that here, but it scrabbles for
procedural points as to why indefiniteness should not be introduced,
even citing a case which will require them to find some facts
to support their non-indefiniteness rebuttal.
Have they smelled the wind changing?
[ Reply to This | # ]
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| Authored by: Anonymous on Saturday, July 14 2012 @ 04:50 PM EDT |
... displaying images "in an unobtrusive manner" and in a way that
"does not distract a user."
Well if something pops up in front of
me that I didn't ask for, that's both obtrusive and distracting, so the patent
covers something that's impossible to do. Which makes the patent(s) invalid.
If
I asked for 'it', then it's not obtrusive or distracting.
(Unless 'it' pops up
behind something else and then what's the point if you can't see it?)
J[ Reply to This | # ]
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| Authored by: The Cornishman on Saturday, July 14 2012 @ 05:22 PM EDT |
Please indicate the nature of the correction in the title of
your post, e.g. Errer -> Error
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(c) assigned to PJ
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| Authored by: The Cornishman on Saturday, July 14 2012 @ 05:24 PM EDT |
For matters which do not involve being sued by Interval
LLC... if you can think of any
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(c) assigned to PJ
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| Authored by: The Cornishman on Saturday, July 14 2012 @ 05:27 PM EDT |
For discussion of newspick items, please link to the newspick
item in your post, since they scroll off the screen pretty
quickly.
There is a guide to making clickable links, just below the
Post a Comment window, in red.
---
(c) assigned to PJ
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| Authored by: The Cornishman on Saturday, July 14 2012 @ 05:29 PM EDT |
Please collect transcripts of COMES exhibits here.
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