Sunday, November 06, 2016 1:05:42 PM
It had been tested in the Markman hearing. I had had the Document for a while when I when I made the sticky post.
Koog did not kow about it until I just mentioned it existed in our lengthy debate in numerous Post yesterday.
And have been debating the issue with Koog for the past few days. He did not know that 13-490 existed.
Feel free to check my profile and read thought the debate Thread Friday and Saturday.
It is not clear if SFOR Won, Lost or Appealed..
Reading it over and over and over again I did not see One Line until I read it one last time.
As one line leaves the doubt in my mind. I Reaseached and found What I was looking for, but that left only more Doubt which is why I stated it could be a win, Loss or Appealed.
KAY being inundated with tons of mail in the past, should deserve to have one person call about this one Line I found. Either I or perhaps ZPAUL should call and ask.
And then Inform the Board.
As you or anyone can see the Markman hearing is about Patent Claims Construction ( construction meaning interpretation) of Terms Used and how a specific term is Interpreted and which reference it is looked up in. And how it is perceived by the person's reading. The Paenttee may have meant one way but did not clearly Define the term, to where it might mean something else read by another person.
As Bill Clinton once said ( is a lawyer, oppsed was until he met Monica) it all depends on what the definition of "is" is. LOL
Yesterday or Friday Koog told me a Markmanman hearing was not a trail
Yes it some cases it can be a mini-TriaL. JUDGES decide how to Proceed.
1) Some judges do Markman hearings in the middle of discovery
2) Some do them them At the end of discovery
)3 There are some Some judges that do them as part of a summary Judgement.
4) Some do them as part of the PreTrial
5) Still other Judges will do them at the Charging Conference right before the jury comes in to deliberate.
6) Some judges will do them purely on the papers.
7) Others will have as a hearings sort of like summary judgement hearing
8) Still others will have an evidentiary hearing sort of a mini-Trial
It can be Very very different depending on where you are.
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