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HighRider

04/28/13 9:13 PM

#59960 RE: Eli's Gone #59959

My impression was that the leniency concerning the definitions should be in favor of the plaintiff, not the defendant. The defendant gets his day in court, which would settle the problem. By not letting the plaintiff in front of a jury the judge usurped the USPTO. The patent is valid, the judge did not rule to the contrary. He just never gave Calypso their day in court, as would seemingly be required.