Mosaic ImmunoEngineering is a nanotechnology-based immunotherapy company developing therapeutics and vaccines to positively impact the lives of patients and their families.

Free
Message: Re: Larscot, strength
3
Jan 04, 2008 08:46AM
7
Jan 04, 2008 08:55AM
11
Jan 04, 2008 10:16AM
1
Jan 04, 2008 10:23AM
1
Jan 04, 2008 10:39AM
3
Jan 04, 2008 11:33AM

Jan 04, 2008 11:53AM
5
Jan 04, 2008 12:19PM
6
Jan 04, 2008 12:24PM
3
Jan 04, 2008 12:34PM
3
Jan 04, 2008 12:45PM
13
Jan 04, 2008 01:10PM

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

1
Jan 04, 2008 04:00PM
1
Jan 04, 2008 04:34PM

Jan 04, 2008 05:01PM
1
Jan 04, 2008 05:24PM

Jan 04, 2008 07:54PM
5
Jan 04, 2008 08:30PM

Jan 04, 2008 08:49PM
1
Jan 04, 2008 09:16PM
5
Jan 05, 2008 02:55AM

Jan 05, 2008 03:17AM
4
Jan 05, 2008 04:01AM
4
Jan 05, 2008 04:21AM

Jan 05, 2008 04:47AM
1
Jan 05, 2008 05:48AM
2
Jan 05, 2008 09:44AM
1
Jan 05, 2008 10:26AM

Jan 05, 2008 10:27AM

Jan 06, 2008 07:05AM
Share
New Message
Please login to post a reply