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Technology Stocks : Rambus (RMBS) - Eagle or Penguin -- Ignore unavailable to you. Want to Upgrade?

To: tinkershaw who wrote (73365)	5/21/2001 4:51:22 PM
From: richard surckla	Read Replies (3) \| Respond to of 93625

Tinkershaw... I cross posted you post #73365 on YAHOO and received this response... Re: croaker and other longs. From SI Rambus by: justinmmats (44/M) 05/21/01 04:23 pm EDT Msg: 284760 of 284778 Hi, rsurckla. Obviously, tinkershaw is not aware of the recent trend in patent litigation. See an article by Patrick J. Flin, a partner in the Atlanta office of Alston & Bird LLP. alston.com <<...Modern patent barons should take heed, however, because the Federal Circuit appears to be on a mission to fence in expansive patent claim interpretations. Procedurally, the Federal Circuit has directed the district courts to limit their sources of evidence in claim interpretation to the patent and its file history wherever possible. In addition, the court has ruled in an en banc decision that claim construction is a question of pure law, reviewable de novo on appeal. Substantively, the court has used the written description and the file history to aggressively limit the scope of claims in certain instances. Also, the court has made new law regarding the scope of claims drafted in means-plus-function form. All of these new developments serve to limit the breadth of patent claims. ... ... CONCLUSION Having assumed direct control over claim construction, and giving no deference whatsoever to district court decisions on the subject, the Federal Circuit appears to be intent on reining in patent owners who, by linguistic fortune, have claims which can read beyond the reasonable scope of the invention described in the patent. While paying lip service to the rule that limitations in the written description are not read into the claims (absent means-plus-function claiming), patent owners who seek to apply their patents far beyond the disclosure are likely to encounter a hostile appellate court.>> Regards, JM

To: tinkershaw who wrote (73365)	5/21/2001 5:11:11 PM
From: ekid	Read Replies (1) \| Respond to of 93625

Tinker, Once Rambus file the appeal (sometime next month?), how long does it usually take before we get the appeal court decision on Markman ? TIA