From a post by someone else on another board.... ___________________________________________________________________ The claim construction "is the meaning that the term would have to a person of ordinary skill in the art in question AT THE TIME OF THE INVENTION, I.E. AS OF THE EFFECTIVE FILING DATE OF THE PATENT APPLICATION."
The defendants are trying to pick apart the wording of the patents with the benefit of hindsight in the context of how the industry has grown and expanded since the filing of the patents. If Judge K rules based on the Phillips case and views the patents in the context of what had transpired in the industry to that point in time, there may be some concerned large companies trying to evaluate their exposure and one very small company trying to plan for the future. ___________________________________________________________________
And an immediate response to the above post from a noted and respected attorney on that same board.....
"Bet your life that's the case. Also wouldn't be surprised if we get another settlement soon" ______________________________________________________________________
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