Darn it - you've prompted me to break the "vows" of my last post! LOL

The '584 is a "fuzzy" issue. Things aren't done at the USPTO or in the appeal of the Markman, i.e., the '584 probably isn't considered "real" quite yet. Now throw in the answer to the question of why ARM got involved in the litigation - patent indemnification clauses that made ARM liable for the Js' infringement of that patent. Put these two things together (or separately LOL), and what incentive does the Js have to license the '584? It ain't real yet, and when it becomes real, ARM is the entity that is ultimately on the hook (so why should the Js offer a dime for a license?).

I'll make everyone suffer and go on to suggest that when the USPTO gets done, there will be no further formal legal action regarding the '584. If the USPTO gives claim 29 the thumbs down, I doubt our team will proceed with the appeal. If the USPTO gives it the thumbs up (with perhaps greater strength), the need for the appeal will probably go away, and ARM may step forward and license it (though I'd prefer our team nailed all the sub-tier users of infringing ARM chips FIRST). I further suspect that contrary to what's happening with the '148 and '336 re-exams and there being no delays in court actions due to the re-exams, that in the case of the appeal of the '584 they may just stay the proceedings from even starting pending results of the (at that point very far along) USPTO re-exam. JMHO. I'm thinking the USPTO result will clearly signal a "we got 'em" or a "we're screwed on that one". We could possibly still end up in court with ARM if ARM can come up with a new defense, but I'm thinking they've already taken their best shot and the USPTO will determine if they hit anything.

Now I'll try again on the STFU thing! (as everyone screams "Try harder!" LOL)

And of course I KNOW nuttin'!

SGE