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To: Francis Chow who wrote (58720)6/25/1998 12:04:00 AM
From: rudedog  Respond to of 186894
 
patent infringement is a proper jurisdiction of the court, since it relies on interpretation of legal documents defining intellectual property previously prepared and submitted by the participants and agreed to by the patent office. That is not at all similar to the courts determining business practices in the absence of a pre-defined legal basis for determining the range of the technology discussion.



To: Francis Chow who wrote (58720)6/25/1998 12:08:00 AM
From: Dale J.  Respond to of 186894
 
But courts get into high tech all the time, example: drug patent infringement cases where judges look at molecular configurations to determine if patents are infringed - sometimes they even get it right. Of course such cases are very expensive, with lots of expert witnesses called and lots and lot of high priced lawyers.

Well, true. But those are cases of private sector patent infringement where the aggrieved party has every right for a full hearing and equal access to the law.

The standard for the government is and should be different. I don't think the judges would have used that language in a private sector law suit.



To: Francis Chow who wrote (58720)6/25/1998 6:27:00 AM
From: Dave  Read Replies (1) | Respond to of 186894
 
Francis:

RE: But courts get into high tech all the time, example: drug patent infringement cases where judges look at molecular configurations to determine if patents are infringed.

Patent Infringement and Anti-Trust are two entirely different topics. Further, experts testify to help clarify the matters. These judges don't have any understanding of molecular biology, operating systems, bus arbitration, ad nausem.

dave