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Sunday, April 21, 2013 10:45:56 AM
The claims are the entire reason one gets a patent. Whatever is claimed in the claims is what World can exclude others from making, using, selling, offering to sell, or importing.
For example, scroll down to column 16, beginning at paragraph 3, “What is claimed is:”
http://www.freepatentsonline.com/6219045.pdf
CLAIM CONSTRUCTION CHART. Imagine a 5 column chart that provides interpretation of words infringement does/may hang on.
Column 1 – claim term, e.g., single word or descriptive words in a phrase. (sometimes infringement can hang on the meaning of one single word used to write the application and claims therein).
Column 2 – Patents/Claims, e.g., lists each patent and claim by number where term in column 1 is cited.
Column 3 – Plaintiff’s Construction – plaintiff’s definition of the word.
Column 4 – Defendant’s Construction – defendant’s definition of the word.
Column 5 – Joint Construction – listing jointly-agreed-upon definition of words in column 1.
SOURCE CODE – not in claim construction chart because the claims don’t claim source code, they describe what the invention is comprised of, what it does, what it is, etc. E.g., I claim a round object comprised of plastic having a nozzle-insert for the insertion of a gaseous substance. I’m claiming a basket ball (Yeah yeah, I don’t know what basketballs are made of). It’s normal for both parties to ask for each other’s source code during discovery phase.
WHY NOT SUE OTHER COMPANIES ALSO?
I don’t know what their strategy is; but, it’s a good idea to go after the big dog first. If/when you win that, everybody else lines up for licensing agreements [saves $$$ in litigation].
WHY TAKE A YEAR TO GET TO MARKMAN?
I’ve seen cases take a couple years to get to that point. When a new case comes in:
-- docket reviewing the case;
-- lawyers talk it over internally (do they want to consider it?);
-- evaluate potential contingency return-on-investment (would the firm’s time/money be better spent selecting another case with bigger potential gains at same risk);
-- takes a couple months to get the infringement opinions done;
-- takes months lining up and retaining expert witnesses and getting their opinions;
-- takes time developing strategy of plan of attack;
-- send notice of infringement to defendant;
-- file complaint;
-- wait for Markman to be scheduled.
Rainmaker – the subject matter of other patent plays you saw, which filed 4-5 lawsuits against different infringers, is probably different in each one.
BTW – Larimar is a female.
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