Apologies, I was using HTC by way of example for litigating in both Germany and USA on the same alleged patent infringement. Obviously, once IPCom post the bond an injunction against HTC becomes moot. However, I can see the merits of a damages claim for past infringement against a potential serial infringer: IPCom has them on the ropes, what might a PTSC/TPL action have for the same products but with different patents?

Separate actions (NOT joint) against each of Acer, Gateway, HTC, and Barco seeking preliminary injunctions in Germany could be seen as a positive move in the battle against potential infringers.

The only reason that comes to mind as to why this may not happen is licensing negotiations are much closer to a positive resolution for PTSC/TPL than the pacers would imply.

Should this be the case, I would reasonably expect Alliacense to have a timeframe, say May 1, 2009(at the latest), for licensing, after which time they will file in Germany. Remember, it would only appear to be the fee that is delaying a license purchase. By May 1, HTC will see the effect of the IPCom injunction on their revenues.

Should HTC settle, the sum should serve as a measure for a MMP Portfolio licence in Germany. Obviously, a global license would be correspondingly higher, in my humble opinion.

Be well