EDTA (was GIFT) Message Board

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Nov 21 9:30 AM EST

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To: Joseph levi who wrote (805)	10/30/1996 2:00:00 PM
From: Mel Spivak	of 2383

Joseph I agree and disagree. I agree with your second sentence. THere is no question that the patent IS valid. So the judge will NOT construe its validity. Our whole issue IS the SCOPE of the claims. We may be talking "legal semantics". Once the judge decides the SCOPE of the claims, a jury will decide, given the judge's "definition" of the scope of the claims WHETHER each defendant infringed on the patent and what the damages ($$$) will be. This Markman decision will "tell" how much of the "on-line world" the patent covers. Mel

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