Re: Why does it take so much time to get a final USPTO decision?
in response to
by
posted on
Oct 16, 2008 05:49AM
My 2 cents on some of your points
"Even then you will note the the T-3 caes are repeatedly getting delayed before any decision is made by the judge on whether to transfer the cases to Texas....they're waiting just like us on the outcome of the reexams before taking further steps."
This is just a nitpick on my part. I don't remember seeing any of the pacers which were kindly posted on the website mentioning the USPTO. You are probably right but the arguments by the examiner and the responses by Moore are posted for all to see. Any patent attorney worth his(her) salt should be able to make a reasonable guess as to whether they will come unscathed based on those documents. So is it worth worth for the T3 to settle now or later.
"More delay might come if the T-3 decide to still go through the courts which could take a year or more (discovery phase hasn't started on them at all yet)"
I would think that this would happen only if they think that they don't infringe (assuming the patents are approved as they are now). However going by some of the legal documents posted about this case, they had approached TPL about paying a sum which is incriminating and indicates that they think they did infringe. The only other reason I can think of (and this is a complete guess since I don't have any legal experience) for T3 to go to court is if they think that they are being unfairly asked to pay too much money for the patent portfolio.
"If we get a positive reexam some will settle, IMO those with smaller license fees, and some might delay till the T-3 cases are finished before they will want to pay anything...and if we decide to up the license fees more might want to delay till any cases are settled or might decide to go to court on their own."
If the patents are approved, and since the markman from the J3 was largely favorable why would any company risk a prolong legal battle where they would pay legal fees and face the risk of eventually paying for the patents? Again the only reasons would be if they don't infringe or if they are being asked to pay too much The Jr markman should be part of the litmus test for infringement.
"So reexams coming out in our favor does not automatically give us an expected windfall of cash....this could drag out longer than many here might hope for....thus RG's warning, more than once , that these PTO issues could take "months and years"
I didn't get this. IF the patents are approved then the phrase "PTO issues could take months and years" no longer applies since the patents are approved. I diasagree that the share price won't recover though since I'm biased (and I would hope you are too). An approval of all the patents immediately signals that the company no longer has a barrier to collect fees from companies using the MMP. It should be a boost because right now this is the main souce of revenue. If PDS received over $200 million in revenue when neither TPL nor PTSC had money and companies could have held them by the throat and dragged this case in court for years and years until they sucked every single penny from both these companies coffers what are the chances that other companies would do that with approved patents and with TPL and PTSC having a lot more money in their coffers?