May. 13 at 2:12 PM
$NLST PTAB made an error by saying that collisions were not prohibited. And the judges caught this and grilled Samsung about it.
Judge 1: Doesn't the board also allude, though, to suggesting that one of skill in the art wouldn't really care that much about avoiding collisions and this really isn't a problem, which would not be supported by the facts, I think.
Judge 2: But isn't there something odd about that? Kim, I think, makes clear that we don't want any collisions. We want to prohibit them.
And yet the board is saying you would use them in a combination that might lead to some collisions. It seems contrary to what Kim teaches, at least.