07-13-2004
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#28
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Administrator
Join Date: Oct 2002
Posts: 11,618
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Quote:
Originally posted by LadyLaw@Jul 13 2004, 04:34 PM
I am well familiar with Judge Ware and spent hours in his courtroom in the sex.com case. He is without a doubt the best Judge in the District to hear this kind of complicated, technical case.
The most significant thing I see in your summary is Judge's Ware's suggestion that Defendant's file Motion for Summary Judgement as to claims 1,3,4,5,7,9,10,11,17,18,32,and 33. He suggests the some of the terms used in the patent are so vague as to be "indefinite", rendering those portions of the patent invalid and unenforceable.
A Motion for Summary Judgement is a decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the law of the case, and one party is entitled to judgement as a matter of law. When there is no question of fact for a jury to decide, summary judgement is appropriate.
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Thanks for the post LL!
Katie and I miss you!! Make sure Serge does not hog all our time together when we get together at yor house!
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