My thoughts on Staff's Input
posted on
Aug 20, 2013 12:55PM
<It does not appear to be disputed that each alleged clock/oscillator generates a clock signal at a frequency that is regulated by phase-locked loops (“PLL”) based on a reference supplied by an external crystal or clock generator. See Compl. Br. at 19. Although the frequency of the generated clock signal is determined based on an external reference, Complainants nonetheless argue that generation of the clock signal does not rely on a reference because the clock signal is first generated before it can be regulated. 4 Compl. Br. At 20. The evidence of record does not support this argument.>
Comment.Logic would say you first must have a signal that requires control before control takes place.But Staff wants proof of it.And we were not able to?Hmmmm ????
<In other words, the PLL controls the delay that Dr. Oklobdzija admits is relied on by the alleged oscillator/clock to generate a clock signal>
Comment.If Dr O said that he is wrong.The PLL controls the frequencyof the clock signal.And I suspect this is a mischaracterization of what he actually said.
<Nonetheless, Complainants argue that a fixed-speed clock still varies as a result of PVT because the PLLs “do not completely eliminate variation>
Comment.If no variation, why the need for continuous updating with the reference clock?A fixed clock does not need such control.It is because of the PVT that control is needed.At least I thought that was the case.
< “Use” of a patented method may constitute infringement under 35 U.S.C. § 271(a), but domestic use of such a method, without more, is not a sufficient basis for a violation of section 337(a)(1)(B)(i), which concerns “importation” or “sale” of articles that infringe a U.S. patent. Id . Thus, any alleged direct infringement of claims 10 and 16 by Respondents cannot serve as a basis for a violation of Section>
Comment.I think this part refersto the ability of these devices to invoke different protocols written into the operating system or some controlling software somewhere.Soperhaps thisis sufficient over at the NDOC.It sounds like infringement may well be there, just doesn’t apply to ITC situation.
All comments are my opinion only.
Opty