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Thursday, October 26, 2023 11:59:20 AM
And so, since none of the many challenges to the patents has resulted in any kind of invalidation, then of course, the patents are intact and the same as the day they were born, validity wise. They have not gained anything in the process, only successfully defended themselves against the challenges. Unless you can show where any of above is not fully factual, then it becomes obvious that the infringement trials are NOT about validity. They can't be. Makes no sense. The trials are about showing that the defendants have indeed stolen and used or use the technology imbedded in the patents. That is nothing to do with validity. It's more of did your hands go in the cookie jar and did the cookies wind up in your belly?
"And not all patents are valid as the only entity to make that determination is the court AFTER a lawsuit."
That is PATENTLY a false statement. All patents are valid unless and until a challenger, usually via an IPR trial, successfully gets a patent or some part of it made to be invalid. It's my belief that a judge and jury determines if the patent was truly infringed upon NOT whether it's valid or not.
All my commentary is to be considered as my personal opinions, to which I am entitled. And there is no proof of said opinions unless I offer it in the comments.
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