The parties proceeded to mediation September 25-26, 2007. During the mediation TPL did not reach an agreement with any of the three sets of defendants with respect to the issues of the lawsuit, or with respect to potential licensing agreements broader in scope than the claims of the litigation. Jury selection is scheduled to begin January 7, 2008.

The MMP Portfolio encompasses ALL patents. The current litigation does not now include the '584. ARM has potential liability for the '584 to both the J's and PTSC/TPL.

What if settlement for the full MMP Portfolio, by the J's, invalidates their potential claims against ARM on the '584?

ARM, having read the Moore/TPL filings re the '584, will no doubt have a different perspective now. The USPTO are able to save face with reference to the "MICROLOOP" amendment and the supporting material from Moore/TPL in allowing the '584. Ceteris paribus  it would now make perfect sense for ARM to reconsider licensing before the Appeal and USPTO decision. Leaving it until after either will increase the payment required.

Once ARM have settled all their customers will be covered by the license, thereby enabling the J's to settle. The cost of the ARM settlement must obviously fully reflect the loss of income from users of the '584 patented products. Non-ARM customers could still purchase the full MMP Portfolio. Should ARM go to trial on the '584 and lose, would an injuction effectively remove all ARM chips from the market?

Observations and comments more than welcome.

Be well