MORE INFO ON THE HEARING:
From a post on the Yahoo! boards:
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Eyewitness Account of
Hearing
ghost5995
Sep 16 1998
5:17PM EDT
I was at the hearing so I will try to explain what happened.
First of all, Judge Keller did not have "the chance to throw the whole thing out" as
you suggest since there was no such motion before him and a judge cannot just do
that on his own. The issues at the hearing were Mentor's motion for a preliminary
injunction and the parties conflicting views of the meaning of Mentor's patent claim
(claim construction).
Mentor is incorrect in asserting that the Judge found "substantial likelihood of success
on the merits." If he had, he almost certainly would have issued the injunction, which
he denied on the spot. Rather, while expressing considerable skepticism about the
validity of Mentor's patent (including repeatedly asking how it could have gotten
threw the patent office given the prior art), the Judge indicated that he did not have
the technical expertise to determine the issue of infringement. He ordered the
appointment of an impartial expert to aid the Court in understanding the technical
aspects of the case. If you believe (as I do), that the Lysonix device does not infringe
Mentor's patent, this is a very good thing, since it greatly increases the chance of the
Court "getting it right."
The Judge set an early trial because he is tired of this case taking up his time, rather
than to favor either party. He made it clear that he would like the parties to settle,
although that does not seem very likely right now.
On claim construction, there were three issues under consideration. Mentor won one
and Misonix/Lysonix won the other two, so strictly speaking both press releases are
correct on this point. However, I believe the points won by Misonix were by far the
most important.
FWIW, I own a boatload of MSON and bought more after the hearing.
Assuming the rest of the business holds up, this company is ridiculously undervalued!
MSON: Quote | Profile | Research | Insider
This Is a Reply to: Msg 436 by newsguy
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