It appears that the TPL-exclusive Core Flash patents have been removed from the litigation equation (via a "settlement" between the Plaintiff and TPL), leaving only the MMP at issue in this case. TPL's argument is that now the litigation involves only the MMP (TPL/Patriot-related patents) and that the transfer to EDoT is now the most economical avenue going forward (or dismissal in the CA courts, after which I assume TPL's suit filed in EDoT would become the venue).
Again, I am not knowledgeable in the legalities here, so corrections welcome.
However, if my understanding of this is accurate, I would hope that the move to EDoT, where we already have the precedent of a largely successful Markman ruling on claims construction for 3 of the 5 patents involved, and a judge that is familiar and who has the edification of the technical history behind these patents, would provide to us an opportunity to leverage any positive momentum preserved from that era. It does feel positive to me, and I do hope it is. I do note that it remains moot until the order is revised, officially, by the CA court and a dismissal or transfer occurs. I wonder what the Plaintiff's response to this will be?
Good night all.
DG