Re: Larscot, strength
in response to
by
posted on
Jan 04, 2008 03:42PM
Now moving forward with other infringers, it's about establishing the actual validity and strength of the Patents
Here is where there is a difference of opinion, between legal validity and business validity. Taking Humax as an example, the legal validity is still questionable and will remain so even after the USPTO re-examinations have concluded. That leaves business validity, which Humax has decided to support and, at the same time, strengthen.
With the '148 and '336 in USPTO re-examination, the '584 at Appeal, and no settlement details from Marshall, what makes a company with far greater financial resources than TPL/PTSC sign a license without awaiting the respective outcomes?
It is cheaper to settle than litigate? One licensee paid over $30million, so that can't be it.
Excluding Texas, there have been six new licensees since the beginning of December, all without the benefit of legal certainty as to the validity of the patents, why? Business validity.
These companies have to believe, I humbly suggest, that legal validity would eventually prove to be greater than 50%, else they would wait for all the uncertainty to be resolved, then litigate/license. Once at that 50% point, a business decision is made as to the validity of the patents, for them.
Whatever the reason the Marshall Defendants settled/licensed is of less import, in my opinion, than the very fact that they did settle. They strengthened the business validity of the MMP Portfolio and I firmly believe that this will not go unnoticed by all other potential infringers.
Alternative viewpoints more than welcome.
Be well