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Wednesday, September 04, 2013 11:49:10 AM
The only way this stuff can be brought into the case is by tricking the other side into bringing it up first or by impeaching testimony of their expert's using the restricted data as the impeachment tool. Not easy to do because we have the burden of proving infringement without using the restricted data in the presentation of that proof.
We were fighting with our hands tied. Did we win?? Time will tell. Obviously, it was not a sure thing. ITC order 45 gives you a peek as to how much our hand were tied in the SD. In the SD they had the burden to prove non infringement. Proving infringement with your hands tied is much harder. I hope you get a chance to read this.
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