right justified--By ALVIN M. DESPAIN
posted on
Jul 27, 2007 08:47AM
If the USPTO leaves the 584 in tact with respect to claim 29, exactly where does that situation leave us? I suspect, in that eventuality, the claim construction in the current case would probably be appealed. But would/could we do that if there is a stipulated judgement? I suspect that unless we can reverse the inital rejection of claim 29, there is little use to appeal the claim construction. Yes? And even if not appealed, would it necessarily apply in any future litigation of infringment? Sounds like a legal maze for all us mice to grope around in. Opty