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Technology Stocks : Interdigital Communication(IDCC)
IDCC 348.69+0.8%Nov 14 9:30 AM EST
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To: Eric L who wrote (4123)4/4/2000 2:05:00 AM
From: Gus  Read Replies (1) of 5195
 
It's the quiet period and the Markman proceeding is on. Play by play is over at the IDC club at RB. As you know, Markman involves claim construction as a question of law and can be deterministic in terms of the jury trial outcome. It is a tedious proceeding where the patent holder tries to broaden the applicability of its claims and the alleged infringer tries to narrow it in front of a judge who tries hard not to commit double homicide without any mitigating circumstances. It typically boils down to linguistic linguini advocacy using dictionaries, thesauri, rules of grammar and the slow torture of the obvious. For example, one of Ericsson's argument is that the IDC TMDA system describes a one cell system (base station and receiver) that doesn't communicate with other cells because the 1985 patent doesn't use the same language of the trade circa 1995 nor does it fit Ericsson's interpretation which borders on Jungian dream analysis. But don't take my word for it. Check it out for yourself.<g>

By the way, Ericsson recently 'lost' the Markman proceeding part of its TDMA patent infringement lawsuit against Harris. Harris and IDC are both being represented by the same law firm -- Fulbright & Jaworski.
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