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Into the first week of trial, Kent was advised by Mr. Thus, Kent’s request that the question of incorporation by reference not be submitted to the jury would have ameliorated the error. Kan Xu, a former ADS employee and president of USA Display, that Zhou possessed data related to the case. After preliminary deliberations, the jury was unable to resolve the issues of anticipation and obviousness. In the current case, the proper jury instruction on incorporation by reference would have been no instruction in any respect. We further maintain that Kent’s objection would have cured the defect.
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