Patent Troll Tries To Reanimate Dead Patent With Desperate Ploy Over Effective Typo; Court Shoots Zombie Claim Dead

Posted by BernardSwiss on Sep 14, 2013 10:55 AM EDT
Techdirt; By Mike Masnick
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The short version is this: Soverain had earlier stated that it would be asserting claim 35 of its key patent, 5,715,314, against Newegg. 35 is a dependent claim, which is reliant on the independent claim, in this case 34. It's the independent claims that are generally the key to a patent, as the dependent ones just build off of the independent ones and maybe add a minor thing or two. Wipe out the independent claims and the dependent ones generally go with them. So, throughout the case, Newegg and Soverain, basically argued over claim 34. That's what mattered.

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