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Re: concapk post# 212059

Monday, 09/02/2019 6:49:34 PM

Monday, September 02, 2019 6:49:34 PM

Post# of 426132
Have you or anyone else read the Marine patents in suit, including the respective specifications and prosecution histories?

Was the Jelis study cited as prior art in the specification(s) and/or discussed by the PTO examiner as prior art in support of rejection of any claims now allowed and extant in the patent(s)?

There is a statutory presumption validity of issued patents. Clear and convincing evidence is needed to overcome that presumption.

That ends my discussion.

The issue of validity/invalidity of patents in suit will be decided by the judge(with or without the help of a jury) in any subsequent trial should s.j. motions be denied. We here are not that judge or properly instructed jury. It is pointless to discuss the case further here. Why, you ask?

It is pointless because we(especially me) do not NOW have the benefit of 1)all facts made known to the judge in the s.j. motions and 2)countless pages of exhibits and expert reports accompanying those motions that provide evidence of those facts. To do otherwise is to decide a case that is merely hypothetical, a case based on an incomplete set of facts.
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