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Re: None

Thursday, 03/09/2017 12:08:27 AM

Thursday, March 09, 2017 12:08:27 AM

Post# of 39825
Repost - Mar 08 2017 05:07pm

Enjoy - MaxD/VLL Patent Attorney Total Confidence in their presentation hearing 2 weeks ago -

JUDGE HUDALLA: Mr. Asher, you have just over four minutes to go. Did you want to address the Motion to Amend?

MR. ASHER: I think we're in good shape in that the Motion to Amend is contingent on the -- on us not having proven our initial case, and I think we will rely on our papers
with respect to the Motion to Amend.

JUDGE HUDALLA: You may proceed.

MR. MESSINGER (Big Giant Attorney):
Your Honors, let me just touch on some points on rebuttal on the grounds on Spriggs and Belfor and then I will comment, I will discuss why the Motion to Amend should be denied.

JUDGE HUDALLA: Just to be clear, he didn't present any arguments on the Motion to Amend so I don't believe we will be hearing argument on that today then.

JUDGE ZECHER: In other words, there is nothing to rebut here. There is nothing to oppose. He didn't present any arguments. He rested on his papers.

So to the extent you want to spend your time, I suggest you do it with the grounds that were asserted at trial, and we are going to let this rest on the papers for the Motion to
Amend given that Patent Owner hasn't presented any arguments to oppose at this time.

MR. MESSINGER(Big Giant Attorney):
Okay. And if I would like to just discuss the Motion to Amend, why it should be denied, you know, our view is these claims are unpatentable, and then you would look at the -- the Motion to Amend should be denied. But if you have any questions, I can answer, otherwise I would be happy to walk you through why it should be.

JUDGE ZECHER: Well, as your counterpart said, this is a contingent motion. So, you know, if your claims, if your grounds are good here, then we get to it, but, if they are
not, then we never touch it.
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