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Thursday, June 11, 2015 5:28:05 PM
3Q event. There is a nullity hearing in the Stryker case June 18 in Germany. In this hearing, the judge will determine if this patent is valid. Typically, in Germany the judge gives a preliminary ruling before the hearing, usually 10-15 pages describing his initial position. In this case, the judge provided a 45-page dissertation with all arguments in MARA's favor. If the patent is found valid, there will be a damages hearing in 3Q, where MARA's award is determined. Settlements can always occur as well around these events.
So in my research I found that infringement and nullity hearings are separate and determined by panels of judges. Why would what the infringement judge (I assume he wrote for the majority?) wrote have anything to do with the nullity hearing (do they review his work even though they're reviewing if the patent is valid)? So for nullity a 5 panel judge of the patent court will decide that if I'm not mistaken based on the presentations below.
http://www.mwe.com/files/Uploads/Documents/News/wp0312a.pdf
http://www.patentship.eu/patent_litigation.pdf
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