Friday, January 10, 2003 10:49:08 AM
Seriously, can F&J have an accounting expert witness show a jury the filed rights prospectus and explain what a "Provision" is??
Probably not. First, this expert would have hade to have been disclosed quite some time ago, in order to comply with discovery limitations. More importantly, this may fall into the speculation rather than relevant category. What material fact would proof of the "Provision" tend to make the existence of more likely? The rights prospectus refers only generally to patent infringement claims - no specific IDCC claim. Much extrinsic evidence would be needed to make this into an admission of liability. Could easily bog things down. Court wouldn't want that. The jury probably wouldn't like that messy fight. Would make IDCC look a little desperate. I can also think of quite a few arguments to keep it out. Haven't researched the issue though. Cold be interesting...
Best,
RAM
Best,
RAM
"There exists no problem that can withstand the assault of sustained thinking." -Voltaire, Philosophical Dictionary, 1764
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