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Message: From second pacer. I hope they get this corrected.

From second pacer. I hope they get this corrected.

posted on Mar 27, 2007 06:01AM

Roger Cook writes a very good argument for getting it changed. here is what's at stake.

C. The Importance Of The Thing That Would Be Excluded If the family member chips were excluded, this litigation would not resolve the entire dispute between the parties. Further proceedings, such as additional patent infringement lawsuits or contempt proceedings, would be necessary to fully adjudicate plaintiffs' infringement claims. It would be wasteful of judicial and party resources if plaintiffs were required to assert infringement by the remaining members of a chip family in a second lawsuit involving identical parties in which the identical patents and identical claims would be asserted. Moreover, Defendants assert that these claims, if not included in any judgment resulting from the present lawsuit, would be barred from assertion in later proceedings by res judicata. While plaintiffs disagree with this assessment, if Defendants are correct, this would reduce the value of plaintiffs' claim by orders of magnitude, further evidencing the importance of the claims which would be excluded if the proposed amendment were denied.

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