Replies to post #271132 on InterDigital Inc (IDCC)

[gatticaa]

I_Q, thanks again, real good stuff, but here's your answer.

III. Conclusion
As every patent practitioner knows, claim drafting is
something of an art. The drafter must not only capture the
useful, novel, and nonobvious features of an invention as
clearly and broadly as possible, but also must anticipate
how the claims might be construed up to 26 years later.32
As the cases cited above indicate, even the preamble must
be carefully crafted. To avoid giving the claim preamble a
limiting effect, the patent as a whole should reflect a lack
of intent to do so. This can be accomplished by avoiding
the Jepson claim form, by ensuring that the body of the
claim is sufficiently self-contained to be comprehensible
without the preamble, by providing antecedent basis to
the claim limitations from within the body of the claim,
and by avoiding characterizing the preamble terms
within the specification as indispensable elements of
the invention.

These guys get ahold of science, black and white stuff, and somehow are HAPPY to assign it to a gray, muddled place. Words mean things, and those words SHOULD describe what the patent does and does not do. Short of that, their intentions should be to discover the whole truth, regardless of whether or not the words used to describe the truth could have multi meanings. There is still a thing there to look at, albeit a real complicated sort of invisible technical thing, let's look at the real thing and what it does and does not do, i say.

To me it's a akin to saying a not guilty verdict means the guy didn't do it. Whether the guy did it or not is a hard cold fact and the legal system has zero bearing on that. The priority should be the truth of whether he did or did not do it, not how the law chooses to handle it.

I guess i'm just a laymen spouting off about law and science, two things i know little about, but since art is my profession i think i can say neither one of those two professions should borrow mine.

[mickeybritt]

infinite_q

I am not joking when I say this. I think IDCC would do well to hire you as a consultant. I think your points and apparently your knowledge of the engineering and the legal aspect might be a good thing for the legal department to listen to you on.

I would like for the legal department when the oppositions uses the term skilled in the art to have the opposition define what the word skilled means and how skilled do they mean when they say skilled, is it a little skilled which is still skilled? I mean if they are going to disect words then lets disect skilled. Which when disected might prove that one is not skilled in the art but just has some knowledge. Let me add this and since you are not skilled in the art of engineering how do you know your expert is skilled? I assume you just have to take his or her word as they are skilled.

I hate having to prove words not facts. When the facts are the SOB is using the patented technology and the words are what they are using trying to avoid paying by definition of using words not new ideas.

Another simple thing to do is bring a phone without the IDCC technology in it and say make this one work witout out the IDCC technology since you are skilled at having technology that circumvents these patents. Do not use a single IDCC patent and make it work. If you can do that and it performs all the features it does with the IDCC technology you win, if not then pay up. In fact if I was IDCC I would have a reversed engineered phone or multiple phones if necessary and say each one of these has our technology removed this is what the phone does absent our technology and what it should do with our technology having a phone with the technology in it. Go to the show me style of what have you got to add to this with and with out works or don't work.
JMO
Mickey

[sloane6]

Thanks for shareing your thoughts.
Do you have a thought on why the ALJ clearly stated that this hearing is about validity? Had he already reached a decision on infringement? The ALJ knew that NOK wanted to settle at some price. Something is wrong and most surely over my brain power.....