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Message: Toshiba's defense
2
Sep 26, 2007 05:12AM

IMO 8 of the 14 of Toshiba's defenses are very weak. If I new more about patent law the other six might be equally weak? What is their strength in defending this case?? USTPO and the high courts??

DEFENSES AND AFFIRMATIVE DEFENSES

VERY WEAK
First Defense
On information and belief, the Toshiba Defendants do not infringe and have not infringed, directly or indirectly, any valid claim of the ‘148 patent.

VERY WEAK
Second Defense
On information and belief, the Toshiba Defendants do not infringe and have not infringed, directly or indirectly, any valid claim of the ‘336 patent.

???
Third Defense
On information and belief, the ‘148 patent is invalid under one or more of the provisions in Title 35 of the United States Code, including §§ 102 (at least subsections a, b, c, e, f and g), 103, and 112.

???
Fourth Defense
On information and belief, the ‘336 patent is invalid under one or more of the provisions in Title 35 of the United States Code, including §§ 102 (at least subsections a, b, e, f and g), 103, and 112.

???
Fifth Defense
On information and belief, all or some of TPL’s and Patriot’s claims for relief are barred by the doctrine of equitable estoppel.

???
Sixth Defense
On information and belief, all or some of TPL’s and Patriot’s claims for relief are barred by the doctrine of laches.

VERY WEAK
Seventh Defense
On information and belief, TPL and Patriot did not have and/or did not timely perfect all necessary right, title, and interest in the ‘148 and ‘336 patents (“the Asserted Patents”) as of the filing date of the Complaint, and on information and belief, TPL and Patriot thus lacked standing to sue as the patentee or sole exclusive licensee of the patentee as of the date of the filing of the Complaint, as to one or more of the Asserted Patents.

???
Eighth Defense
On information and belief, some or all of TPL’s and Patriot’s damages, if any, are limited under 35 U.S.C. 287.

VERY WEAK
Ninth Defense
The Complaint fails to state a claim upon which relief can be granted.

VERY WEAK
Tenth Defense
On information and belief, for the convenience of the parties and witnesses and in the interest of justice, the case should be transferred to the United States District Court for the Northern District of California, Oakland Division.

VERY WEAK
Eleventh Defense
Venue is improper in this district.

???
Twelfth Defense
On information and belief, TPL's and Patriot's claims are barred to the extent that some or all of the accused activities are licensed under the Asserted Patents.

VERY WEAK
Thirteenth Defense
On information and belief, TPL and Patriot have exhausted any patent rights against the Toshiba Defendants concerning the Asserted Patents.

VERY WEAK
Fourteenth Defense
On information and belief, Plaintiffs’ claims for infringement of the Asserted Patents are barred because those patents are unenforceable as a result of inequitable conduct.

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