old post Posted by: revlis Date: Wednesday, August 26, 2009 10:47:02 AM
In reply to: JD GATOR who wrote msg# 269181 Post # of 271148 [Send a link via email]
Here are the 2 times.
Page 29.
Judge Luckern:
But it is not unusual that, with respect to validity, the scope of claims is in issue. I mean, the experts will indicate what the scope of the claims should be. At least Complainants' experts will be in their direct case when they present their evidence to show infringement. Presumably they will have to get into the scope of the claims. And I don't remember - maybe it has happened in my 25 years here where an expert has reversed himself on the scope of the claims with respect to validity, but I can't remember where that has ever happened.
Page 521.
Mr. Flinn has indicated that the rebuttal case is limited to validity issues.
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