Replies to post #32507 on XpresSpa Group Inc (XSPA)

[Scandle34]

It is a precedent case in which Yahoo made a workaround to the patent they were infringing. It was found that until all instances of infringement were rendered unserviceable, Yahoo was still infringing.

If Google code is dispersed into browser plug-ins, the deployment of a workaround will not prevent infringement until all cases of deployed code are rendered inoperable.

[declaes]

by this VRNG is saying that it is not possible to make a workaround...

[redux]

They are refuting case law that QE put in their motion saying why they should be allowed to redepose Becker.

[JJSeabrook]

Rain, it's called "distinguishing" a case. When the other side cites a case, there is almost always something different in that case in the facts from the case at bar. When they point out a case as authority, you have to be able to distinguish the facts of that case from your own to show that although the case is similar that it has facts present that make it inapplicable to the point being addressed.

In 38 years I have found very few cases in which the facts of the case were identical to the facts of the case I was working on. It's happened of course, but there's almost always, without fail, facts that can be distinguished in a case that the other side cites.

JJ