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Re: Ghors post# 389821

Wednesday, 09/03/2014 12:09:53 PM

Wednesday, September 03, 2014 12:09:53 PM

Post# of 436129
Ghors, I think you are right that the finding of no infringement is reversed based on the specific claim language but then the Commission still found no infringement for any patent in suit due to the inability of IDCC to satisfy the Technical prong of its DI argument.

However, I believe you are correct that the reversal of the non-infringement finding based purely on the claims language will be important in the Delaware court. I also hope the Delaware judge tosses the ITC's arguments relative to its newly adopted position for satisfying the requirements for DI.
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