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Saturday, November 05, 2016 3:45:47 PM
You are confusing hearing definitions (what can variously happen) with what did happen in this specific case. In this specific case, the court did not make any decision as to the efficacy of the patent claim. The issue was settled out of court.
This is the fact.
Quote:
Do you know for a fact that the PhoneFactor Case was not an Evidentiary hearing?
Do you know that it was?
No, do you? Let's skip the evidentiary hearing. And get back on track.
Just please show me a quote from the Court Document showing a Judgement, Decesion or Court Order was not made prior to the PhoneFactor Settlement.
I ONLY ask because I find it hard to believe that During the Markman hearing, the Judge went though all the Claims within the Patents and all the way through the hearing, stating the Court Adopted for the plaintiff or defendant on terminology and many aspects of the claims such as the the one quoted below
Then at the end of the Markman Hearing, and you seem to be telling me there was No Decesion or Judgement or Court Order made for the Plaintiff (SFOR) or the Defendant (PhoneFactor) ?
Then why would PhoneFactor even think about paying a Settlement of $9.7M ???
I'm sorry I just find that hard to believe the Court would go though the whole proceeding of the hearing, and then not make some type of Decesion or Judgement or Court Order on the Hearing.
Consequently, the court adopts the algorithm proposed by plaintiff at the Markman hearing: ‘599 patent, FIGs. 9B-9C, steps 182-188, 10:12-30 and/or ‘599 patent, FIG. 9C, steps 198-202, 10:59-11:8.
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