Wednesday, August 28, 2013 8:58:06 AM
If you don't like the way this case is going along, I'd stay out of patent plays because this will be the norm in those that have a claimed work around that gets claimed after jury verdict. Handling it this way prevents two separate proceedings, and two separate appeals. This way the whole shootin match goes up on appeal in the main case. It's reasonable, judicially economical, and you can bank on seeing it handled this way in other patent cases in which a claimed work around comes out after the verdict. Watch and see.
JJ
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