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VirnetX Holding Corp Message Board

  • willie7 willie7 Mar 18, 2013 12:53 PM Flag

    Here is a post from exnurse about the trial .worth a read

    From Willie- I am not saying this is grounds for HJD to overturn or order a mistrial or for McKool to appeal the verdict,its just an interesting post that I thought worth sharing..
    from exnurse- DC told the jury during his time to rebut JD that HJD specifically told them that they did not need to provide such an example.

    is this not the crux of the whole issue?
    did HJD say this as a matter of record? where, when, and to whom?

    if HJD did say this as a matter of public record, was the jury notified of this as a matter of instruction?

    if HJD did say this as a matter of public record, does the jury considering the absence of such example not a cause for reversal of verdict?

    if HJD did not say this as a matter of public record, but rather in camera or some such (and if so, how do we know that it occurred) , #$%$? is the reliance of MS upon a non official (don't know the proper word here) declaration not a fubar of the highest order? that does not seem consistent with what we believe we know about the competence of the firm.

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    • The jurors form I saw somewhere reported and it contained the Claim numbers under each of about four patents and various claims under each for a matrix of around 20 claims and the jury indicated no infringement under all 20 approx items so I believe McKool either screwed up by not showing how each of the claims was infringed or the Judge erroneously led McKool into thinking that proof by claim was not needed based upon another context - if so the Judge should overturn the verdict.

      Sentiment: Strong Buy

      • 1 Reply to rogers2308
      • Thanks rogers and agree. That would be pretty amazing for HJD to have screwed up. HJD is so precise.Guess we will just have to wait and see how HJD rules in his final ruling and how McKool and Kendall react ether before or after the ruling.Just like the shorts the legals keep going on and on but at some point Others will understand what Virnetx has and will take a license. That has already begun...

 
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