Re: Jurisdiction
in response to
by
posted on
Feb 19, 2008 06:15AM
I have been involved in a similar situation with another company ....the Markman was held in one jurisdiction and the suit filed by the alleged infringers in another. In that situation the case filed by the infringer was tranferred into the jurisdiction where the Markman was being held. Only difference is that the transfer occurred BEFORE the Markman was held, not afterward. The courts ruled in favor of the patent owner that all related cases should go to the site of the Markman and any other trial being held on the validity and possible infringment of the patents. I would assume the same would hold here too if petitioned for by TPL/PTSC.
IMO it's simply a case of we want X dollars and the alleged infringer wants to pay only a portion of what is being demanded, so they pursue the angle of non-infringmeent first to try and sap some of dollars and time while the re-exam is ongoing.