At 12:11 PM 11/20/2010 -0500, Steven Bellovin wrote:
Let me repeat a previous question: do you have *any* first-hand
experience with patent litigation? There are a fair number of
people on this list who have such experience. There is at least one
attorney on this list (who hasn't posted publicly).
Not that anyone should doubt Steve's word, but that would be
me. Mostly I lurk (here and on Perry's on again off again list)
because I am not a skilled technologist, let alone a crypto
expert. But I have represented many in various court matters, I
learn from them (and from these lists, among other places).
Might I *strongly* suggest that people confine their assertions
of fact to things that they've experienced, rather than read on a
blog or mailing list somewhere?
As for your specific question: opposing counsel can deal with such
issues with good questioning, either during a deposition or during
cross-examination on the stand. If you get the opposing expert
contradicting him or herself in front of the jury, or unable to
explain to the jury the bad answers in a (videotaped) deposition,
the jury will come to the proper conclusions.
The U.S. court system is far from perfect. Having spent 32 years
working in it, I think I'm qualified to express that
opinion. '-) But, most of the time (not always), things do work out
as they should. What Steve writes aren't the only ways to separate
truth from fiction, and my point here isn't to write a treatise. It
is simply to reinforce what Steve says here and in a few previous
posts. Some folks here clearly do not know of what they speak when
it comes to legal matters. Such posts are no more helpful than were
I to write about my (hypothetical) build-a-better-mousetrap-crypto-scheme.
--------------------------------------------------------------------
James S. Tyre [email protected]
Law Offices of James S. Tyre 310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512 Culver City, CA 90230-4969
Co-founder, The Censorware Project http://censorware.net
Policy Fellow, Electronic Frontier Foundation http://www.eff.org
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