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"Look Both Ways" - defendant counterclaims | 197 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
"Look Both Ways" - defendant counterclaims
Authored by: webster on Friday, September 14 2012 @ 05:48 PM EDT
.

___"Does this really mean ...[t]hat a defendant can file as
many counterclaims as it thinks it can?"___

Yes.


___"And this should be done before the trial starts, is that
right?"___

Yes. Or whenever in another suit.


____"Does that mean in Oracle-Google and Apple-Samsung, Google and Apple
could have filed as many counterclaims as they wanted?"______

Yes.


_____"If so, why didn't they do so?"____

Strategic. Claims are like bullets. They don't want to waste them all. They
need them against the same parties in other suits or against other parties.
They wouldn't want to have a bunch of patents invalidated in one contest.

Also they can spread the misery over more parties and suits, or defend against
such with their stockpile of patents and copyrights.

.



[ Reply to This | Parent | # ]

"Look Both Ways" - defendant counterclaims
Authored by: PJ on Friday, September 14 2012 @ 06:16 PM EDT
This is a Mark Webbink article. He wrote it,
but yes, you can list all the counterclaims
you have. Samsung did (its own patent infringement
claims). So did Google (invalidity).

[ Reply to This | Parent | # ]

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