The Real Probability of an Injunction Being Issued
posted on
Feb 03, 2007 08:36PM
I took some time tonight to read up on injuctions in general although most of us have probably had some experience with them and are somewhat familiar with them.
Ron and all... I am thinking that it would be a very bold move for the courts to issue an injuction in this matter. Probably as a courtesy among lawyers, things like this aren't pressed unless circumstances truly warrant it. We may have filed for one in the past but this one is filled with a certain vigor and it seems more serious and urgent in it's substance. I liked it upon reading it and felt that it contained a bit of unrestrained enthusiasm for the fight. It was heartening to know that PTSC was countering and with a 50lb. sword in hand.
Still and all, now I am thinking that it would be most remarkable, if in fact, it were ordered by the court. Asking that the grinding wheels of giant corporations cease some part of their daily business due to a patent dispute that is slated to be heard this year is just seemingly implausable. I say this because upon realizing this tonight I found myself trying to... to buck myself up. I wanted to believe that it had a good solid chance until I realized that I was not listening to my instincts. It's that old thing where you prepare for the worst and hope that the better thing happens.
I think we are going to win. Damn, I hope so. In the end I think that the day will be ours, but I also just think we need to prepare for the worst along the way. And I think that we need to prepare for this injunction being set aside in a file along with hundreds of others. If we are prepared then the damage to the share price and the stress levels that we feel will hopefully both be minimized.
What do you attorney's think? What's the upside of this? What is the strategy that lie's below the obvious in this request by our side? And while, yes, there is always the chance of a court ordering an injunction, how do you weigh it's chances? Isn't it a more routine thing for something like this to be denied than for it to be favorably ordered?