InterDigital Inc (IDCC)

[loophole73]

Scientists' inventions teach those skilled in the art of science. Bullsh*tters teach those skilled in the art of bullsh*t on how to influence claims construction issues. This is the reasoning for the Doctrine of Equivalents which is to protect teachings in patents using terms at the time of the invention against distortion of new terms many years later to confuse during claims construction.

As an example, take a patent that teaches one skilled in the art how to restore the paint finish on used cars. Some clown 10 years later uses the science to produce and sell products designed at restoration. The patent holder sues the clown and he hires a bullsh*tter to limit the patent claims to apply only to paint restoration on used cars proving that the clown is not infringing because he sells his products for paint restoration on pre-owned cars.

It is getting out of hand and is being used to dodge motions for summary judgments in an effort to get to fact finders whose findings are reviewed on whether or not they could make the findings based on the evidence produced at trial. This is a tough task when the jurors are folks not skilled in the art of the science being poached.

Thus, if Nok did not offer evidence in the hearing which would be subject to contravention by IDCC and the staff counsel, they certainly should be found to have waived because briefs and pleadings are not evidence for the use of a fact finder in the litigation process.

MO
loop