Member Info for MakeMineA99

Members of the jury:

Now that you have been sworn, I have the following preliminary instructions for guidance on your role as jurors in this case.

These instructions are intended to assist you in discharging your duties as jurors and to introduce you to the case and the law that you will apply to the evidence that you will hear. Also, because this case involves patents, I will give you some preliminary instructions regarding patents to assist you in discharging your duties. I will give you more detailed instructions on the law at the end of the trial.

You will hear the evidence, decide what the facts are, and then apply those facts to the law that I will give to you. You and only you will be the judges of the facts. You will have to decide what happened. I play no part in judging the facts. My role is to be the judge of the law. I make whatever legal decisions have to be made during the course of the trial, and I will explain to you the legal principles that must guide you in your decisions. You must follow that law whether you agree with it or not. It is important that you perform your duties fairly. Do not let any bias, sympathy, or prejudice influence your decision in any way. You should not take anything I may say or do during the trial as indicating what I think of the evidence or what your verdict should be.

So the instructions to jury is a 21 page document that was read out in the court to the jury, as well as showing some videos of the background of patent infringement. This is EXCELLENT, because as noted below this means the Alice test point 1 did not fall in Maxwell's favour and the trial is now in full flow.

Quotes from the document to follow....

So much for the £5 valuation the board kept banging on about.

I expect we will see docket updates this evening.

Nothing leaking from the courts yet.

Some quotes from the judges order this evening:

"The Court, having considered the parties’ arguments in their respective letters, rejects both proposals, and declines to further instruct the jury regarding these terms."

"The real dispute between the parties is about enablement, not claim construction. "

"Defendant’s proposed construction appears to be an attempt to prevent Plaintiff from making that enablement argument, but the law permits Plaintiff to make that argument to the jury."

"Chief Judge Connolly denied Defendant’s motion for summary judgment of no enablement because he concluded that there was a “disputed fact” about whether a person of skill in the art “would [] be able to determine an upper limit on the power performance metrics recited in asserted claim."

Nice buy there, will it move up this afternoon?

Mucker you are making the assumption that companies won't buy Cap-XX products while they are being sued. This has already been shown not to be true with recent purchase orders. Also Ionic are happy to go in partnership with Cap-XX to sell their technology.

Mucker changing his mind yet again. Just last week he thought the sp wouod go to 8p and now he's saying it's game over for CPX.

Parkez let me ask you then. WHY HAVE CAP-XX AGREED TO LET THE COURT DECIDE THE ALICE TEST.

The directors also replied with an immediate No when the queation was asked that Maxwell have already made an offer, rather than the usual, we can't discuss the case.

Parkez - No! The directors made it clear in the recent investor meeting that the cases are independent. The Maxwell case will be concluded next week and the Tesla case will be ongoing as a separate case which CAP-XX are willing to fight.

Furthermore if memory serves me right, the Alice test was fundamental to CAP-XX winning agsinst CDE and Ioxus.

It could be a very short trial.

Very interesting development in the trial. Hasn't Maxwell already this argumemt partly dismissed?

306. ORAL ORDER: Having reviewed the parties' Proposed Verdict Sheet (D.I. [292]), and it appearing that Defendant is asserting as a defense that the patent claims are invalid under 35 U.S.C. � 101, and it further appearing that the parties agree that step one of the Alice test is an issue that should be resolved by the Court (not the jury) (D.I. [292] at 15-16), IT IS ORDERED that, should Defendant continue to press its � 101 defense, the Court will hear oral argument on Alice step one at December 11, 2023, at 8:30 A.M. Lead counsel from each side shall be allotted up to 10 minutes to present argument. Ordered by Judge Jennifer L. Hall on 12/7/2023. (filed: 12/07/2023)

It's here...

https://www.globenewswire.com/ca/news-release/2009/06/15/1195733/0/en/CAP-XX-Demonstrates-Surface-Mountable-Supercapacitors.html

They will have learned a lot from the legal cases over the past few years so anyone trying to sidestep these patents will not get away with it for so long tbis time.

Yes great news, this opens up new license and royalty stream opportunities.

Court update: No settlement. Trial going ahead as planned. Final frial and jury instructons to be agreed over the next 2 days.

Looks like Mucker had my post removed - he can't handle the truth!

Fantastic RNS this morning. New venture with a world leading graphene technology (nobody else in the world is doing what Ionic are doing).

More sales outlets confirmed AND purchase orders arriving, i.e. actual sales. Don't forget that Mucker said there would be NO more sales while the Tesla legal action was ongoing...BZZZTTT....WRONG!

Incredible that all this is going on while employees are leaving the company and CPX are filing for administration. PS mucker....also sarcastic! Enjoy your weekend, looking to see what other nonsense you come up with...not.

Mucker the instis have sold none today.

That was the point of iwgrod's post, ie sarcastic.

You said they were going to sell 100m by the end of today.