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Rambus Inc. Message Board

  • seat48onthebus seat48onthebus Apr 18, 2006 9:17 PM Flag

    Claim 18 of the 918 : Read Request

    It's sounds like the jury had a concern on the "read request" which is a requirement of claim 18 of the 918 patent but needed to confirm the "doctrine of equivalents" in the jury instructions.

    10 " UNDER THE DOCTRINE OF EQUIVALENTS, A
    11 PRODUCT CAN INFRINGE A CLAIM IF IT INCLUDES PARTS
    12 OR STEPS THAT ARE IDENTICAL OR EQUIVALENT TO THE
    13 REQUIREMENTS OF THE CLAIM.

    This would allow the jury to move forward without issue. If this is true then damages will be decided soon. IMO

    The question for me then becomes what "wording" would Stone be required to clarify?

    Confused in the back of the bus - seat48

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    • Maybit's just me, but perhaps the jury's confusion on Cliam 18 of the 918 patent is with the simple two-word phrase "can infringe".

      It confuses me, because it could mean either of these two interpretations:

      a) "can infringe" = is PERMITTED to infringe

      b) "can infringe" = DOES infringe, which is illegal and therefore you must find them guilty of infringement"

      We here know that the phrase "can infringe" in the context of this trial means "DOES infringe", but in the world of plain-spoken English by regular folks, "can infringe" could very easily mean to most people "is permitted to infringe / it's OK to infringe".

      I suspect that the jury's confusion - after a long day of sorting out complex issues - arose when somebody muttered aloud "Hey, wait a minute ..doesn't 'can infringe' mean that it's OK for them to infringe it?' and THAT likely set off a big end-of-day debate, which led to the question being asked.

      Just my interpretation ... in that claim, those two simple words "can infringe" DO cause me a bit of confusion now that I'm tired and worn out like they were today.

      Dave

 
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