http://staging.agoracom.com/ir/patriot/messages/587145

From a prev post....

If TPL files for MSJ regarding infringement, I would expect the Js to also file MSJs.. not doing so would appear to be tatamont to admission of guilt.. What would they file regarding?  What have they been claiming?  Nonvalidity.

If summary judgments are filed, there will likely not be a trial on any issues pertaining to infringement, if there is a trial at all.  Should TPL file an MSJ, it will pertain to infringement, and if granted, would be a determination that such has occurred as a matter of law.  Conversely, if the defendants file an MSJ, it will likely be based on validity, and if granted, would mean that, as a matter of law, the patent(s) are not valid due to some issue related to prior art.  In the first instance (TPL wins), the trial would be for the sole purpose of a determination of damages, while in the second instance (defendants win), there would be no trial since the patents would have been invalidated (infringement becomes irrelevant).

Unlikely that such would be posted on PACER, since the mere settting of a mediation conference does not involve the Court.  However, if the case is settled at the conference itself, we might see a PACER filing to the effect of a preliminary compromise agreement.  Of course, if there is a settlement, whever it might take place, we will also see a PR from the Company and/or TPL.

Nothing is impossible, but due to the number of parties involved, and the complexity of the issues and the damages being sought, I would not expect a settlement to occur at the mediation per se, i.e., at the mediation conference.  However, mediation is usually very useful in narrowing the issues, and if the defendants did not come with at least some money to spend, they would be viewed as being in bad faith by the mediator, who would then make a report to the Court since he was appointed by the Court in the first place. 

The point is that it is not at all unusual for a case not to have been settled by the close of the mediation conference, but to then be settled at some later date as a result of continuing negotations between the parties.  Therefore, no one should be thinking that the sky is falling if a settlement is not announced on or shortly after September 30   ---   that scenario would not represent a "failure", nor that all negotiations have forever ceased. 

Good luck to all.

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regards