Isn't the defendant's Discovery input due this coming week? Also, didn't we Plaintiffs "enable" an extended period for their discovery actions?

Okay, where's Mr. KNOW-nuttin' going with this? LOL

I hereby solicit the real lawyers' input on the following thought process (at least where legal process in these things comes into play; do what you want with the follow-up conjecture....).

My understanding is that the Discovery process is a determinate of whether further litigation/trial is truly necessary, i.e., does the defendant have a foundation for argument. Evidence is presented to the court for review, analysis and a determination.

No doubt, J3/ARM has been all asses and elbows trying to develop a compelling argument to justify a trail, either via some possibility of prior art or otherwise. I would expect such action right up till their drop dead for submittal. I understand that such evidence may be presented at some later date, but that this is not preferred and is to a degree at the defendant's peril. It would seem that the ideal time to present "whatever" is via Discovery.

Corrections to the above is solicited from our board "solicitors".

My conjecture: IF (huge IF) the J3/ARM come up weak in their Discovery submittal, would that not be the most prudent time for them to seek settlement? That is, before the court makes any ruling based on the strength/weakness of their Discovery input? This is another "It's what I would do" thing, and we all KNOW that I KNOW nuttin', and that any perceived "logic" may not even be in play.

Just conjecture coupled with a bunch of "hope". Santa Claus does exist, doesn't he? LOL

It does seem that IF this were a real possibility, then S&L and others, presumed to have some level of smarts, would be holding off on any selling for awhile, which kicks sand in the face of my conjecture.

I also keep in mind that anything that may become known re: J3/ARM Discovery input (e.g., proclaiming prior art) may be meaningless in the long run, as Ronran has pointed out. Likewise if there is no "my conjecture-like" result at the conclusion of Discovery plus a reasonable time for action.

However, my conjecture makes sense to me....Mr. KNOW nuttin'.

FWIW on a rainy Saturday.

SGE