MIKE3691 wrote:

IMO, TPL has a strategy that did not include a big court case at this time, I think they want all the PTO re-exams all settled and locked up strong in their favor before they go after the next big target. I think they will drop the appeals court mission because yesterday's claim construction is worthless on a soon to be modified 584 patent. I would also like to see them go up against the largest companies last.  

As part of the strategy, IMO they gave the J's a real sweet deal to end it now!

and as you so eloquently pointed out,

So if the 584 continued without claim 29, there isn't much value to the 584 anymore.  Now depending on how the appellate court rules on the claim construction of the 584, TPL/PTSC may have an opportunity to reword claim 29 with the USPTO, but until we win at the appellate level, the 584 is going no where.

Given the importance to the '584 of claim 29, there is absolutely no way that I see the Appeal being dropped. However, my point was, as MIKE3691 showed, even if only one claim remains in an amended patent, an infringer is fully liable for both the older patent and the newer, amended patent. 

Be well