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Message: Another Theory

Good Post Virt:

This is how I felt and still do:

Posted by: CenturyCom on January 30, 2008 08:17PM

In response to: Re: One Thing Jim Turley CA... by TOMMEEEK

Thanks for responding.

"I'll go one step farther. IMO it was us that did not want to go to court. We had a successful markman ruling and it seemed we had the upper hand, but the remaining issue of validity, if decided by the court, would have removed our great advantage of an ex-parte reexamination by the USPTO. The J's could appeal any unfavorable decision the court makes...not so with the reexam. The J's could argue their case in court....not so with a reexam. We could have lost a huge advantage by having the court determine validity. Why take a chance? Now the question is...What and how much did we give up for a settlement? As much as I wanted to nail them to the wall, I think we did the smart thing for the long range big picture."

May 14

If this is all we got I think we gave up too much. That's why I think somehow there is more to come. Also, I don't think there is a final conclusion because if there were there would have to have been an 8K filing under "Material Events" which there hasn't been. I have been fighting that issue for months and trying to get a resolution to my questions in that regard. The above is the only logical conclusion in my opinion FWIW JMO's

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