As I mentioned yesterday, this postponement per PACER (thanks again Wolf - do you realize how many people depend on and appreciate you?) on the issue of MEI's "prior art" contentions to 22 Aug for MEI input and 29 Aug for our rebuttal (corrections welcome) has prompted a lot of thought on my part (which may not be saying/doing much).

The parties say they are working it out off line - outside the court - and this was the reason for the requested "push" on delivery dates.

I have to suspect that MEI's contentions are the thrust of their defense (I conclude this based largely on the Markman result).  I could very well be wrong, and it may be one of several avenues of defense. But if my suspicion is correct, how does such a thing get "resolved"?

"Resolved" to me means somehow reconciled.  Their contentions are good, or they are not.  If they are determined to be good, the inputs will delivered by the parties - off to trial for the jury to decide.  If they are determined to be no good/useless, then what?  Use other avenues of defense if available or ????

It seems to me the answer, logically, would be to settle.

And, actually, the inverse would be logical.  If MEI's contentions are strong and determined - off line - to be valid, wouldn't it be in our best interest to settle?  This, assuming MEI has not shared their contentions with the other defendants - which IMO is the case or what is the desire to work this issue off line - outside the court?  And thinking about this - our team is very smart to handle this in this off line fashion.

Today, Saturday is the 18th.  Wednesday is the 22nd.  If I've got my dates right (and I think I do), we may be in for some fireworks this week.  M-80s or sparklers?

If MEI delivers its contentions on the 22nd, we will KNOW nuttin' (or very little - only that the issue wasn't resolved off line).  If a settlement or intent to settle is announced/filed, we'll KNOW a little - just a little.

The only way we'll KNOW where we stand is IF we get an announcement of settlement WITH a large dollar amount.

This may be a pivitol moment.  Maybe.  And this board has pretty much ignored it.

ALL JMHO, and I KNOW nuttin'!

SGE