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Technology Stocks : EDTA (was GIFT) -- Ignore unavailable to you. Want to Upgrade?


To: art slott who wrote (1929)4/20/1998 1:12:00 PM
From: GRC  Respond to of 2383
 
The judge is only deciding what the claims mean for now. that is the date we are waiting for. The judge won't throw the case out now, since infringement won't be taken up by the judge until

1)after the claims are interpreted

2) discovery on infringement is taken (depositions, documents etc)

3) someone moves for summary judgement asking the judge to decide the case

Even if that happens, if there are disputed facts about what someone does, the judge won't decide and will let a jury decide. However, once the claims are interpreted (1 above) it is easier for people to assess the strength of each sides case since there is usually less dispute about what an accused infringer does, than about what the claims mean.

GRC



To: art slott who wrote (1929)4/20/1998 3:18:00 PM
From: Mel Spivak  Read Replies (1) | Respond to of 2383
 
The only issue for the Ct to decide is what the claims "mean" and how (broadly or narrowly) they will be interpreted to "mean".

The broader the interp, the stronger & more valuable the patent ( & vice versa). I expect some narrowing of the many claims of the patent. That will still be a H U G E mega-win for GIFT because now, the sceptics outnumber the believers 1,000 to 1.

So, w any Ct "definition" of the claims, it provides some "objective certainty" as to the scope and then #'s can be "crunched" by the Street to come up w its value, which will be many times the present market cap of $10M.