To: SpinShooter who wrote (10618 ) 8/2/1998 1:29:00 AM From: BBurrows Read Replies (4) | Respond to of 19354
SpinShooter, Your posts re-interpreting the results of Fonar's very clear victory over GE for blatant patent infringement are completely false and outrageous! There are so many false statements that I tend to believe you must be associated with GE in some way or are one of the many disenchanted, dysfunctional medical people who dispise Fonar and Dr D. for simply protecting their intellectual property. To correct a few of your many misstatements, the patents in question have been assigned to Fonar Corp and as such, Fonar had the legal right to sue GE for infringement. You said: <<You will find last year's action was NOT a Patent Court suit for declaration of infringement and damages, but a "damages trial" before a non-technically aware civil-court jury, against GE.>> A COMPLETE LIE!!! This was a patent infringement lawsuit from START TO FINISH! WHEN the jury reached the decision that GE HAD infringed on Fonar's patents for Cancer detection and MAO, they THEN determined damages, damages based in part on what Fonar's sales WOULD have been had GE not stolen this intellectual property. BTW, this was the FOURTH largest award ever for patent infringement. Arguing that the jury was 'non-technically aware' in order to make it appear they reached a false decision is pretty good proof in my mind that not only are you REACHING, but that you have a very strong bias against Fonar AND THE FACTS which have ALREADY been determined. All patent cases are decided by the same 'system' as was used in this case, a jury of our peers. <<FONAR got that favorable jury decision, and large award judgement, but the trial judge threw out most of the awarded money ... as he noted that the original Patent gave no valid method for performing MRI or measuring local MR signals in-vivo.>> The district trial judge overturned PART of the decision (1 of 2 patents contested) in regards to Cancer detection and less than HALF of the resultant award money, not MOST! His decision was later overturned based on the facts of the case. <<This later "Supreme Court" thing was not about patents, and this is the first I have heard it was in the Supreme Court! It as an appeal action by FONAR to fight the judge's decision to set aside the jury-awarded "damages" on cause. The Appeals Court found for FONAR, and said a Trial Judge in a civil suit cannot set aside a jury award.>> It was not heard by the Supreme court. The Supreme court denied hearing the appeal because it is a well known fact that patent law is determined in the Federal courts. This is why the Supreme court rarely hears cases involving patent infringement. Furthermore, Fonar DID NOT appeal the district court ruling, as you claim. It was GE who appealed to the Federal court. Fonar filed a cross complaint. The Federal court did NOT reverse the district court judge because a 'trial judge in a civil suit cannot set aside a jury award'. A trial judge CAN and DOES set aside jury awards all the time as they are empowered to do. This was not the reason the Federal court gave for overturning the district judges decision. Read carefully: They overturned it because they determined that the original patent for Cancer Detection WAS INDEED INFRINGED UPON AND REINSTATED THE ORIGINAL JURY AWARD IN FULL!!!! Fonar's Cancer detection patent had to do with the WAY in which NMR is used to differentiate between tissues, such as between normal and cancerous tissue. It was this technique which was patented. It was upheld along with the patent for MAO. Your post is one of the more blatantly dishonest examples of trying to re-write the history of this PATENT INFRINGEMENT lawsuit that I've ever read. No amount of lying can change the fact that GE was found GUILTY on BOTH counts of patent infringement. That is what this case was about from start to finish.