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Technology Stocks : Rambus (RMBS) - Eagle or Penguin
RMBS 106.53-1.9%Nov 6 3:59 PM EST

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To: KM who wrote (82422)5/18/2002 3:54:56 PM
From: NightOwl  Read Replies (1) of 93625
 
Hello KM,

Actually, I'm referring to all the cases in the line from Warner-Jenkinson in 1997. The doctrine of equivalents may not have been completely defeated, but its in the 8th inning and desperately needs to get a rally going. <g>

The doctrine isn't an issue in the RMBS Markman itself; as I recall the trial court precluded RMBS from using the theory because of the failure to raise it in time. But the prosecution history of the RDRAM patents and its "narrowing" amendments are certainly in the record. They will provide the Circuit Court with all the ammo it needs to "score points" on the evils of abusive claim revisions, particularly in the context of the RMBS fraud.

They could certainly decide to avoid the topic completely out of some sort of deference to the Supreme's having Festo in hand; but if I were them I would want to make sure my decision in RMBS stands no matter what the Supreme Court does with Festo. If the Circuit Court finds that "Fastball Fraud" is still on the "mound," I think they'd be crazy to pull their "clean up" hitter, "Doc Estopple." The guy has a .815 lifetime average Fraud. <Hoo Hoo>

Some ball game, huh?
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