Voip Pal Com Inc (VPLM)

[nyt]

That's wrong imo. The question being begged by the challenger, would be to see if he can throw a challenge and see what sticks. I say that because a specific challenge to some claimed attribute of a patent is just that and seeks to invalidate on that basis, whereas the question of infringement is a whole other question. The 2 are mutually exclusive (if I said that correctly). In fact when you think about it, it soundsike such a challenge tried to remove itself from the infringement question. Maybe that's what you were saying and I missed it... In fact, the more I think about it, maybe that is what you meant, ie, the alleged infringer should know if they infringed or not and so if they know they did, then the only way to proceed is to try to invalidate. Is that what you're saying?