Source: Foss Patents
quote: Well, not really. A judge can use his knowledge of prior art to judge the case. He does not rely on what the plantiffs and defendants present.
quote: If unsure, don't write a story bashing them for not considering art that they cannot consider because this was a lawsuit only related to infringement. Validity is a separate proceeding in Germany, so Motorola will still get its chance to invalidate the patent.Failure to review the prior art in this case doesn't show anything. The judge is deciding one issue at this proceeding: are the claims that apple asserts infringed by the device? That's it. Moto will get its chance to invalidate at a later time. Research first, write second please.
quote: I know this for a fact.
quote: A Defendant may try to use any possible hint in the claim languagethat the scope of protection is limited to a preferred embodimentdescribed in the patent specifiction.