Having had a quick scan through the infringement claim (thanks Angelique for the reference source), it does seem to lack the specific examples of infringements that I expected to see (and perhaps the defence lawyers expected too).
What I mean is that perhaps there should have been detailed claims stating that during the year dot, Product A was sold by company Z to X number of customers, X1 number of which utilized their computer modem to activate the optional pay-for-use part of programme B incorporated in Product A... ...and so on for each specific item for each specific company.
A huge undertaking I realize, but one which the defence lawyers and Judge might quite rightly demand. This case could go on for a long time yet, if these are the sort of specificities required to be evaluated in turn, in order to prosecute the infringements of the Freeney patent. I am assuming that this might be the sort of supplementary information demanded at the last teleconference in the New York procedings.
I guess it's now a case of :-
Good morning Mr Fink. Your mission, should you choose to accept it.....
Regards,
Durro.
P.S. The meter is still running at defence HQ. I'm sure that by the end of all this, there will be a few more new BMW's parked outside certain legal firms' offices, courtesy of fees incurred by Apogee, Broderbund, Compuserve etc. |