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Technology Stocks : EDTA (was GIFT)
EDTA 0.000200+300.1%Mar 7 3:00 PM EST
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To: David Graham who wrote (1208)8/19/1997 5:42:00 PM
From: GRC   of 2383
 
To All:

I am attaching a link to CompuServe's brief as to how the claims should be interpreted. After reading it I will give additional comments, and I hope others do the same.

For those of you who are not familiar with patent lawsuits please consider this as you read the brief. A patent includes a description of the existing art and problems to be solved, a description - including drawings - of something that implements the invention, and the claims, which define the invention. The claims are written in legalese. The claims are method claims in the GIFT patent. This patent is infringed only when someone performs each step in at least one claim.

Generally, the activities that an accused infringer undertakes is not disputed. In other words, Compuserve et al each do what they do, and it is hard to argue about what they do. Most of the legal argument comes in deciding what the claims mean -- i.e. interpreting the claims. The judge inteprets the claims, not the jury, since claims are a "legal" document. The Markman briefs are the parties guides to the judge on how the claims should be interpreted. I had earlier posts (# 999 e.g.) that articulated what are likely to be the key interpretation issues. Please see them when you read the brief.

The winner of the claim intrepretation issue will have gone a long way towards winning the lawsuit.

Here is the site: patents.com

GRC
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