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Re: BVIME post# 40516

Thursday, 06/15/2017 12:31:19 AM

Thursday, June 15, 2017 12:31:19 AM

Post# of 130724
I love this part:

Apple argues that rigorous testing is required to establish reduction to practice for software. Reply at 4-12. But this requirement is satisfied when there is evidence of actual successful use. “A process is reduced to practice when it is successfully performed. A machine is reduced to practice when it is assembled, adjusted and used.” Blicke v. Treves, 241 F.2d 718, 720 (C.C.P.A. 1957); see also Estee Lauder, Inc. v. L’Oreal, S.A., 129 F.3d 588, 592 (Fed. Cir. 1997). The evidence shows that Digifonica’s system performed all features of the claims by placing on-net and offnet calls via supernodes in Vancouver and London; indeed, Digifonica routinely used the system as its primary telephone system.
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