In the elevator and walking out of the courthouse I expressed amazement, to Mr Handal, that the obvious intelligent representatives from Micron would stand in front of a Judge and make every attempt to "CHANGE THE MEANINGS" of the plain language written in 108.
His answer might be what EDig has to look forward to with other dealings: To wit, per Mr. Handal, they knew their case was weak simply by their presentation. The continuous harping on this subjects meaning, that subjects meaning, then switching topics when the judge called him on it....Then reiterating what they said 15 minutes ago.....The admitting to error when their first attempt to connect 445 to 108 as simply the same patent when the judge asked them if they were separate and distiinct....Micron had to admit it was....etc...
Mr. Handal said Micron was not there to invalidate 108 or any of its claims. They were simply there (my words) to throw "shit" on the wall and to see if they could get any of it to stick. As Mr Handal stated they made every attempt to get one of their claims to be validated thereby "KNOCKING THE KNEE OUT FROM UNDER THE PATENT" (Mr. Handals words) Not invalidating the entire patent but simply finding that one "little" chink that could be used by a smart infringer to weaken the entire concept of 108. I imagine if that had occurred an "APPLE" with its massive legal department, would have a field day making that ruling so important that it would sound as if it were the entire patent...
Micron brought up a number of claims. Reading the Judges decision shows just how many and to what extent they went. They lost on all their attempts to find the "one little chink" 108 looks pretty damn solid now. Of course these big companies have BIG legal departments and they might keep trying in a different way to accomplish what Micron was attempting to accomplish.....Perhaps with another Judge, simply to waste time...etc...Who knows?? But now EDig is in the catbirds seat...
