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Technology Stocks : Ericsson overlook? -- Ignore unavailable to you. Want to Upgrade?


To: Mika Kukkanen who wrote (3911)2/4/2000 11:34:00 AM
From: w molloy  Respond to of 5390
 
EICY - IDC TDMA patent dispute...

I'm surprised that this topic hasn't had more play on this thread, since it attacks ERICY's bread and butter business.

This from the IDC thread.

II. OVERVIEW OF THE CLAIM CONSTRUCTION DISPUTE

Exhibit 8 is a chart that compares both parties proposed claim constructions to the actual claim
language. Relying on the actual wording of the claim language, InterDigital proposes that the
claims at issue have their ordinary meaning as would be understood by one of ordinary skill in the
art. InterDigital s proposed construction follows the actual claim language, is supported by the
relevant intrinsic evidence, and is confirmed by the relevant extrinsic evidence.

By contrast, Ericsson appears to focus on what the claims do not cover, rather than what they
mean. Ericsson s proposed construction ignores and deviates from the plain wording of the
claims; adds terms and limitations that simply do not exist in the claim language or the
specifications; attempts to read comprising claims as consisting essentially of claims; imports
excessive structure from the specifications into the claims; and misinterprets the prosecution
history and the holdings in the prior Motorola litigation between InterDigital and Motorola, Inc. (
Motorola ). 10/

The parties have exchanged claim construciton charts with proposed interpretations of virtually
every word, term, and phrase in the Asserted Patents. Regrettably, the parties have not been able
to agree on the meaning of any appreciable number of claim terms. Markman does not require
the Court to provide an interpretation of every word, term, and phrase in a claim. See United
States Surgical Corp. v. Ethicon, Inc., 103 F. 3d 1554, 1570 (Fed. Cir. 1997). Accordingly, this
Brief focuses on those claim terms or phrases that now appear to be in genuine dispute.

ragingbull.com

Markman primer:

Patent Construction Is Within The Exclusive Province Of The Court Under The Seventh
Amendment

richmond.edu



To: Mika Kukkanen who wrote (3911)2/8/2000 10:22:00 AM
From: Taro  Read Replies (1) | Respond to of 5390
 
Important News from Cannes: Mika, I saw no trace of GPRS phones in Cannes. LME and Nokia both gave simulated demos of WCDMA, impressive. Leaving the note-book at home while travelling may be a true future alternative for many of us.
Latest Hot News: Jan Warby is now de facto in charge of the Mobile Unit (Handset) Division! Nils Rydbeck moved him in from the Network Division, where he did an impressive job. This guy is said to be pure dynamite, a no nonsense guy with a history of getting his troops together and getting the job done. My source is quite good. Sorry, but I had no time to verify my news with other sources.