Very good points, especially sense I totally "forgot" this reality in my latest novel!

This is a bit of a wild card, for the extremely pessimistic. I say that because without an up front seal of approval from the USPTO, this aspect will drag out for a very long time (perhaps over a year).

But you may be right about potential licensees holding out for that outcome - defeat of the Js may not be enough. But, IMO, a positive outcome with the USPTO re: '148 and '336 will represent another 'Tier" is the license cost strategy. Thus, possibly tremendously more risk involved with holding out for potential licensees.

Here I must comment on something I've read here several times (Sophie?): "the validity of these patents has never been tested". I laugh every time I see it. Umm, the USPTO granted the patents, right? Thus, they have already been thoroughly tested once.

So, in addition to my hoped-for new license with a big boy, with big numbers revealed, I hope for that USPTO up front seal of approval!

I will throw out one thought though. With all the money I'm thinking PTSC already has in hand, with a solid acquisition, the damage of a dragged-out USPTO "conflict" may not be so bad as you suggest. Timing of events would be my concern (i.e., if the acquisition were to happen FIRST, the possible pain of delay in affirmation of the patents wouldn't be nearly as bad).

JMHO,

SGE