Re: What does Otterson's Motion tell us ?
posted on
Sep 14, 2013 01:30PM
We are certainly anxious about the MSJ. I think we are just trying to get to trial where our argument IMO will focus on text books, 100 licenses, a ring oscillator on the silicon substrate, variability based on PVT with the CPU and all that that includes, dead band, binning, temperature effects, etc., plus how fast the chip runs due to the ring oscillator. The defendants IMO are going to rely more on the technical issues of fixed frequency, etc., and try and have Russell Fish speak to the original purpose of the invention, possibly testifying to the quantity of variation originally intended. How is Fish being compensated? Grants, funding, etc., which would be drawn out in cross-examination if that is happening. We haven't seen Judge Gildea's initial ID. There are different claim constructions and I hope Judge Grewal is sympathetic to the intent of the 336. HTC is fighting for the MSJ because I believe they realize it is one thing to convince a Judge who follows te letter of the law than a bunch of jury laymen who would hopefully understand the "intent" if the 336. Who knows? I'm certainly bias.