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Re: ccraider post# 22119

Tuesday, 03/07/2017 7:08:00 AM

Tuesday, March 07, 2017 7:08:00 AM

Post# of 23274
The appeals court claims construction IS the claims construction going forward that will be used by the NDOC. They did not throw out the old one they only modified half its wording which is why they said they "MODIFIED" it. Below quote from the appeals court ruling it says they AFFIRMED part of the NDOC construction. You guys literally know nothing! Don't you even try to read the information from the court? The appeals court change is likely simply procedural or else PTSC would never have stipulated to non infringement. The remanding for further proceedings part means that PTSC the defendants and the NDOC will have to decide if the modified claims construction still means PTSC stipulation to non infringement applies. Since half of it held up it seems a possibility which would be really bad.

I would like to see PTSC next step and if they can even argue under the modified claims construction or if the NDOC will simply say the stipulation to non infringement applies to both limitations in the CC one of which survived so PTSCs done.

From the appeals court ruling:

"We affirm the district court’s construction that an “entire
oscillator” is one “whose frequency is not fixed by any
external crystal.”



III. CONCLUSION
We hold that “an entire oscillator disposed upon said
integrated circuit substrate” is “an oscillator located
entirely on the same semiconductor substrate as the
central processing unit that does not require a command
input to change the clock frequency and whose frequency
is not fixed by any external crystal.”
Although this minor
modification
to the district court’s construction likely does
not affect the outcome in this case, because the parties
stipulated to non-infringement under the district court’s
construction,
the proper course of action is for us to vacate
and remand. We vacate the district court’s construction
and remand for further proceedings.
VACATED AND REMANDED
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