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Technology Stocks : Identix (IDNX) -- Ignore unavailable to you. Want to Upgrade?

To: steve who wrote (7380)	3/25/1998 7:19:00 PM
From: brad greene	Read Replies (1) \| Respond to of 26039

steve, Holy Moly! You get the Wendell....David gets it tomorrow. Wonderful finds and analysis. I awarded it to myself before I read the thread. Geeesh. I have briefly reviewed the briefs..... in my opinion, this suit is manure. Pure poop. What you can't accomplish in the marketplace...you try to accomplish in court. I don't think DBII will ever make money. bg

To: steve who wrote (7380)	3/25/1998 10:14:00 PM
From: David	Read Replies (1) \| Respond to of 26039

Responses on DBII lawsuit questions . . . If patent law follows the usual legal practice, the appellate court will not disturb factual findings by the district court unless they are clearly wrong, but will approach legal issues anew ("de novo"). I haven't read the district court ruling yet, so I can't tell you what findings are factual and what are questions of law. You can basically figure them out for yourself, though. Most cases are not reversed, but generalities only get you so far. I would expect a decision in the next few months, unless this court is particularly backlogged, since the briefs were written almost a year ago and I believe there was oral argument a few months ago. Will there be an appeal from the appeal? I think the next step would be the Supreme Court (I have to check to be sure) and (1) they take very few appeals and (2) there didn't seem to be grounds for an appeal to the Supreme Court, such as a split in case law or a constitutional question. I thought the DBII lawyers are good writers, but I suspect that IDX has a pretty good case between the lines. It looks like DBII is trying to sneak something past the patent office by now claiming such broad applicability.