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ss9173

10/31/06 7:29 PM

#97158 RE: success622 #97157

Let me preface my thoughts by acknowledging that I am naive on these types of legal matters. I was thinking that with the established dates for responses and the next hearing to be January 3rd that the Judge had accepted the motion. Or is it that we have to wait until the January 3rd hearing for the Judge to give a response to the motion?
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clawmann

10/31/06 8:00 PM

#97161 RE: success622 #97157

The judge has only allowed Scanbuy to file the motion. It must be filed by 11-27. Neom then has 30 days to file a response. The judge will listen to oral arguments on the motion on January 30. Look for a quick decision from the judge on the motion, probably by mid-February.

Usually, a judge will only grant such a motion when there are no material facts in dispute and the law on the matter is fairly clear. Usually, when a defendant in an infringement case files such a motion before the Markman hearing, the defendant is asking for a judgment of non-infringement. In essence, the defendant is saying: "Look, judge, from the documents that have been filed and the facts that have been stipulated to, it is clear we are not infringing, so there is no need to waste the court's time with a Markman hearing. We ask that you issue a judgment that we are not infringing." If they succeed, case over. Patents still valid. Defendant is just found not to be infringing.


But in our case it could be something else. Someone mentioned that Kaminer says it is related to discovery. If true, Scanbuy might be asking for a judgment on a specific issue, not on the whole case. For example, Scanbuy might argue as follows: "Look, judge, NEOM has alleged thus-and-such. But when we asked for them to produce documents and/or info on that issue, NEOM did not adequately respond. So we ask you to find in our favor on that issue."

Impossible to tell what Scanbuy's basis is until we read the motion. Impossible. So we just have to wait. That is something we are used to.