"The 923 patent lists 6 "Hybrid Communication System" (HCS) in its Claims. They are summarized by difference as [numbers in parenthesis are the Claim Number in the patent]:
"1.(1) HCS for wireless data communication "at least 1 predetermined parameters comprising a pre-established vicinity range" 2.(6) HCS for data communication with plurality of devices dependent on the establishment of said predetermined parameters. 3.(11) HCS utilizing multi frequency wireless communication device and an Internet Access facility. 4.(16) HCS for wireless data communication said wireless communication device comprising a Pager Assembly. 5.(24) HCS for wireless data communication said transceiver including a scanning capability. 6.(27) HCS for wireless data communication said transceiver including selective configuration capability.
"If you look at the wording 1 and 4 are IDENTICAL except 4 adds "g)having a pager assembly". The court recognizes the difference between cell protocol and paging. Good for us."
I am with you Litton. I would like a clear cut answer, but unfortunately we still have alot of hoops to jump through. Trust me, I want them to "Show me the money", but it appears we still have a considerable way to go.
You can compare the items in the claims construction chart with the provisional ruling today to see pretty much whose language the judge adopted in his ruling--subject to change when he produces the memorandum--advantage?--who knows...
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