Re: Doni Re: PACER Samsung/ Minister stated key words are "in this lawsuit"
posted on
Apr 06, 2009 01:39PM
" It's not a win for anyone, it's not a loss for anyone; both sides are on their toes."
If what you're saying is true, it's a loss for e.Digital....445 and 108 are kaput as you noted.
Item 1 and 2 were removed with prejudice."
Samsung still has item 3 reserved...
"3. All declaratory judgment counterclaims by Samsung Electronics America, Inc. of invalidity relating to the ‘445 and ‘108 patents are hereby dismissed without prejudice."
What would your opinion be of why Samsung was allowed to have this issue reserved without prejudice?
Noting the collective dismissal of item 1, e.Digital would not be allowed to use any claims of 445 or 108 in future actions....that suggests that e.Digital would not waste their time, yet Samsung still has a defence in place.
doni