here's an important read dat will decide where BRST is headed
Author: RCMac98 send pm · add member to favs · ignore · recommend
The SJ Motions Today Only Invalidated 5 Of Those Claims -- that's only part of the issue
"It looks to me that 75 claims in the '995' patent are still "valid' in the opinion of Judge Patel."
That seems to be a legally correct statement (assuming the arithmetic is correct).
Also legally correct is the statement that we only need one claim to survive in order to proceed to trial.
But, the real question is whether what is left of BRST's cases against AAPL is worth something. Were the patent claims that went the important ones, worth big money, so that today's loss is largely harmless; or did the big guns fall today, so that we have popguns left?
I don't know. It's beyond my non-technical expertise. Someone who knows the technology and the patents, and understands them, should try to answer this.
For an analogy, if you have several different theories of law under each of which you claim the right to recover $1B damages, pleaded in each of several counts, and the defendant's actions injured you in the same way under each of those counts, and the damages under each count are the same, the loss of all but one of those counts is inconsequential.
But if you had pleaded three counts for $1B, and a couple of counts for modest, separate unpaid bills of a few hundred thousand or a few thousand, then it makes a huge difference if you lose the first three counts.
Sure, you can proceed to trial on the remaining counts, but it's not worth it..
And I don't know which this is, but that's what we need to know.
teresadactyl, vasco, mfc??
