gernb1.... I simply see Handal made his points in good form.
====================================
Hedrick concluded trying to reinforce the social hierarchy issue along side the judges considered claims construction.
MR. HEDRICK: Your Honor, I don't think I need five
minutes.
I just want to point out, very briefly, a portion of the
specification that actually supports the hypothetical that the
Court was providing with respect to whether or not the Court's
hypothetical would be a social hierarchy under the patent.
ETC..........................
Where, on that, the judge understood all he needed to understand...concluding to Hedrick....
THE COURT: Nothing I say from the bench in a hearing
of any kind is a final indication of my thinking.
MR. HEDRICK: Understood, your Honor.
THE COURT: I love devil's advocacy. I frequently
change my mind and I always think out loud.
MR. HEDRICK: That's perfectly acceptable with me,
your Honor. But if you have any questions about the plain and
ordinary meaning, if that's not sufficient, but...
THE COURT: I don't. Thank you.
MR. HEDRICK: Okay.
========================================
The judge then concluded where........
MS. SCHMIDT: If I could have a quick rebuttal, if I
may?
THE COURT: On the hypothetical? Is he going to
stand up and ask for one if you're done?
MS. SCHMIDT: I don't know. You'd have to ask him.
THE COURT: What would I say if he did?
MS. SCHMIDT: I think you would say no, your Honor.
THE COURT: Really? I might just say that the
hearing is over.
MS. SCHMIDT: Okay.
THE COURT: Okay. Thanks.
THE CLERK: All rise.
(Proceedings adjourned.)
===========================================================
I contend that the Ms. Schmidt feels she had a weak stance with regard to the courts hypothetical. The judge understands her position, he also understands what is in the specification that Hedrick was pointing out and Handal's input..
At some point we will read the courts decision regarding the social hierarchy meaning. Based on what's in the spec, or what the defendants are trying to outline that is not in the spec.
Heck, Handal offered to go with plain ordinary meaning, as there was no meeting of the minds, and defendants did not want that either.
We'll cross the IPR bridges when we get there.
doni
