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mrjic

02/13/13 10:53 PM

#26862 RE: coolerheadsprevail #26835

I did not read edva's post as you suggest and I have been following him for some time. Constructive knowledge only means that the defendant should have known about the patented invention then. Nowhere do I see edva say that that is when the infringement begins. I saw a post he wrote about this on YMB where he clearly stated his MSFT opinion was a back of the napkin assessment and should be taken as such. One thing is certain is that a laches argument will not work for Microsoft. Some reasonable apportionment (I'm guessing 20% or better) will have to be considered on it. No one knows exact numbers because those will be interpreted by damages experts and I assume that edva knows that better than most. Anyway, good thoughts to bring up just seems like your trying to pigeon hole the guy a bit.