There was a case I recall where the defendant had to raise what the Patent
Plaintiff had narrowed in their discussions with the USPTO with the
Court!
I'll require time to find that for evidence to support my claim
that the Patent Plaintiff Lawyers are arguing outside the boundries of what the
patent was granted for.
The point being: The Patent Plaintiffs know what
the history is with their Patent. It's their patent!!! A Defendant
should not have to point out the history and four corners to the Plaintiff. The
fact this is occuring shows clear abuse on the part of the Plaintiff - through
their Patent Attorneys.
Additionally, your statement
of...
used against the patent holder
... only has
weight if:
1: It is brought to the attention of an official
Court
and
2: The Judge chooses to accept those over the new definitions
being argued by the Plaintiff
Point 1 should be clear on it's
face:
Patent enforcement takes place in more then just the Court
room!
So when that first letter of infringement is sent... it is
enforcement.
The weight of the USPTO historical evidence only has
potential value if the defendant decides to take on the potential costs of a
starting $2 million to fight the invalidity of the patent
enforcement.
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