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Authored by: webster on Friday, September 14 2012 @ 05:48 PM EDT |
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___"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 | # ]
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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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