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Vringo, Inc. Message Board

  • ran.dog80 ran.dog80 Apr 4, 2013 10:35 AM Flag

    Still one big question that needs answering... Does the USPTO still need to find every aspect of both the 420 & 664 patents valid and

    post an official responce letter to the requesting party, Google? I don't see how Google budges until that determination is rendered. What makes it so interesting is that they trully know if their infringing or not. Not sure of the language they provided the USPTO in order to back their claims but their sticking to it. I have no idea if this is still a factor because the PO has never officially answered this very critical question.

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    • Here's your answer: Remember that the USPTO itself has already set a precedent in the Baxter International case when in its ruling the USPTO judges themselves stated: "If a federal court awards relief to a patent holder against an infringer, a subsequent reexamination decision that the patent is invalid does not disturb the judgment of the court or alter its binding effect on the parties."

      Read it again. It means that even if the USPTO rules a patent is invalid, any court verdict that includes a monetary judgment award STANDS and is NOT impacted one bit.

      Bottom line: Once you have a jury verdict in-hand, the USPTO becomes in large part a toothless tiger -- it looks scary but can't bite you.

      Sentiment: Strong Buy

      • 1 Reply to lone_ranger_of_stocks
      • I got that part, but the term TOO BROAD has been successful as well with patents in exsistance over 10 - 15 years and eventually discredited them. Google will not be liable to pay any damages until their request is heard and answered. Now, if their stalling for some unknown reason and fully know their infringing God forbid what's about to happen to them and their shareholders. Contempt for a company of that size would be $$$ in the federal Gov's pocket!

 
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