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Parkervision Inc. Message Board

  • roundermatt roundermatt Mar 24, 2013 4:32 PM Flag

    it is not up to you, Fud,

    whether the offer, regardless of its supposed (or disputed) contingencies, is admissible for damages

    you also seem to misremember the claim construction for non-negligible, which specifically rejected the one you are using below (based on distortion) and, instead, incorporated PV's (based on greater than noise) ...

    nevertheless, the market has begun to recognize this, even if you do not

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    • On the contrary, it's perfectly obvious that ParkerVision HAD NO CHOICE but to propose a definition of "non-negligible amounts of energy" which was fundamentally inconsistent with how the lead inventor decribed D2D to the judge during the Tutorial hearing.

      Had the judge adopted a definition consistent with the ParkerVision claimed invention, ParkerVision risked losing any realistic chance of proving that the Qualcomm chips infringe.

      By proposing a blatantly-dishonest definition, ParkerVision hoped to improve their chances of a verdict of infringement. But by the same token they made it easier for Qualcomm to demonstrate that the patents cover prior art, and are therefore invalid (as Qualcomm has insisted ever since it drew Sorrells' attention to Parssinen back in 1999).

      Incidentally, just because Qualcomm cited Parssinen does not mean Parssinen was the only prior art Qualcomm had in mind.

      You should be very afraid that the judge adopted ParkerVision's definition of "non-negligible amounts of energy" - rather than proposing a definition of his own which preserved the distinction Sorrells had explained to him during the Tutorial hearing.

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