My final novel today most likely - a bit of suspenseful mystery.

I'm just going to share my thinking about where we're at right now re: TX.  This is largely in response to some that have posted that nothing is going to happen until Jan '08.  Corrections and contrary opinions, as always, are solicited.

Right now we await Judge Ward's ruling(s), specifically regarding Shaw/Hamilton/Higgins (as they seem intertwined).  The litigants have submitted their paper, and an expedited ruling was requested by all parties.  And this was in response to an inconclusive mediation (from which, it appears, the request for expedited ruling was born).

The Judge's ruling(s) have basically to do with ACP.  Thanks to Milestone DD and sharing on this subject, it would appear that our team's chances of prevailing on this issue are not just good, but VERY good.  The ruling(s) could come at any time, even today.

What then? 

If, by some miracle, the Judge rules in favor of the defendants, our team will almost certainly appeal that ruling based on the precedents in CA.  Beyond that, we're off to trial, and we will most likely be waiting for Jan '08.

If, logically, the Judge rules in our favor, we should see some things happening.  Our team may continue to play the mediation game, and it may be successful (the probability of success will be greatly enhanced).  If mediation is not successful, or if our team just decides to forego continued mediation, they would probably file a motion for summary judgment based on the Markman results and having the defendants' legs cut off by the new rulings.  At that point, I think there is a high likelihood the Judge would rule in our favor.  If not - off to full-blown trial.  If so, trial for damages determination only.

At several points in the above, settlement(s) could/should happen.

- Based solely on the ruling(s).

- Through mediation.

- In response to our team filing a MSJ (before the Judge rules).

- In responses to the Judge's ruling on the MSJ.

IMO, these things could happen in a matter of weeks, if not mere days.

Okay, now I've built up the suspense....

I just want to do a sanity check here as well as assure others' recognition that the suspense could end quite soon.

JMHOs, and I KNOW nuttin' - though I think I know the above....

SGE