UnifiedOnline Inc fka UOIP

[dillythekid]

Love the way our lawyers spell it out:

"The time for defendants to seek additional obviousness combinations was before defendants agreed to limit the number of obviousness combinations to four – not in the 11th hour in a reply expert report."


"In short, defendants induced Chanbond to limit the number of asserted claims early in this case by agreeing to limit the number of invalidity references and obviousness combinations. Years later, defendants decided in a reply expert report that only Chanbond has to abide by the parties agreement and the courts order"


"It is far too late now for defendants to renege on their agreement- fact discovery is closed and expert reports and depositions have concluded. Just as Chanbond could not assert infringement of a new claim as part of its reply expert reports, defendants cannot now raise a new obviousness combination as part of their reply exper reports
See Abbot Labs Vs Lupin Ltd"

$UOIP$
#UOIP