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A Question for Patriot...
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patientman
May 15, 2008 09:28AM
Re: A Question for Patriot...

jumpingtown
May 15, 2008 09:40AM

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."



I'll say there is no more money coming from the J3 ...

Posted by: ease2002 on May 14, 2008 01:40PM

I will also forgoe my representative chip theory and just say, as others have said, TPL/PTSC didn't want to risk a trial without absolute 100% validitiy from the USPTO.

There is prior art out there and it would be up to a jury to decide if somethig is obvious. Do you want Cook arguing for us? Maybe so and maybe not. I've been told by others that Cook is very good at writing briefs, etc. I am not sure how well he would do in a Texas trial with all of the details that he would need to present to a jury clearly and convincingly. Who knows?

Did TPL want to risk some problem with a trial case to expedite
MMP licensing when they can take the safer route (IMO) and wait another year to have absolute validity if/when the USPTO reissues the 336 and 148?

So with the above in mind, I will say that PTSC blinked. It doesn't mean we lost, it means TPL recognized that THEY and WE had EVERYTHING to lose and the J3 only had money to lose.

No conspiracy, just a conservative path to protecting the most valuable asset of both companies.

GLTAL



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