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Monday, October 03, 2016 8:38:20 PM
Case 1:15-cv-00465-RGA Document 9 Filed 12/16/15 Page 12 of 13 PageID #: 141
THIRD DEFENSE (Non-infringement)
91. Microsoft has not infringed, directly or indirectly, or made, used, sold, imported, or offered for sale any technology that has infringed, directly or indirectly, any valid and enforceable claim of the Patents either literally or under the Doctrine of Equivalents.
FOURTH DEFENSE (Invalidity)
92. Upon information and belief, one or more claims of the Patents are invalid for failure to comply with one or more of the requirements of Title 35 of the United States Code, including §§ 101, 102, 103, and/or 112./quote]
Here you go, it has been tried before, the same lawyers that represented MICROSOFT are also representing one of the defendants
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