Thanks.

Please clarify....Isn't this rejection of all claims equivalent to invalidation? I recognize that there is still a path(s) through the appeals process, but at this moment are we not essentially "dead in the water" on the '336? At least in the USA? I also recognize that the contested '148 is still alive, and there are a slew of other patents, but the '336 has always been suggested to be the heart of it all.

As long as I'm yacking, post disclosure, I may as well opine on a couple of other issues.

First, I find it highly unlikely that Alliacense will pursue legal action in a venue outside the USA. Too expensive and wrought with peril, IMO. If they'd had such inclinations, they could have pursued such action anytime in the several last years (especially the last couple).

Second, as to what went haywire at the PTO, re: our team's inability to pursaude, I suspect it had to do with Moore's demeanor. An extremely arrogant, and smart, guy in a room with a relatively ignorant Gov't employee with a big hammer. Not a pretty picture. I suspect Moore may have lost patience with the auditor and said things the wrong way, the auditor dug in his heels and stopped listening.

Now a novel:

This is very similar to what I occasionally experienced at Hughes. A relatively minor dispute with a Gov't auditor, handled poorly (i.e., extremely arrogant smart guy makes a weak attempt to resolve, loses his patience, throws his weight around and talks down to the auditor - coupled with possible threats - "I'll go over your head!"). As manager of Contracts Compliance, it became my problem to clean up, focusing on respect and integrity, always bringing a proposed corrective action for consideration, or an invitation to join the problem resolution team (if the perceived problem hadn't been validated - show them in an unthreatening way - or if the problem involved direct Gov't interaction).

On one occasion it was so bad before the Directors of QA and Procurement came to my boss asking for my help, that the Gov't audit agency was on the verge of processing paper for complete shut down of our facility and disbarrment from Gov't contracting. This would not only have killed us (a sub of Hughes), but would have caused other segments of Hughes to default on many of their contracts because we supplied critical components (and were sole source). (Prepare for brag). I worked one-on-one with the toughest local auditor (ex-cop) and resolved the problem in three weeks. And here's were this novelet gets almost funny. I hit up my boss for a bonus for the effort, having saved our asses (sad thing is I had to ask). They popped for a whole thousand bucks (whoppee! payroll alone at our subsidiary was $5M/month, and even if things were allowed to go more haywire, we would have been shut down for at least 3 months while wanting to retain staff, meanwhile defaulting all our contracts with associated penalties). Such awards were always presented by the Sub President. On that day, me, my boss, the affected other directors (biting their nails I later found out) show up at Phil's office. Phil was also known as "Mr. Tomato Head". This was due to his round face and tendency to turn beet red when pissed - just before firing people. So there we are. We go in, and Phil and I exchange niceties and he says "I have no idea what you did this time Rick, but it must have been good, so here ya go (handing me an envelope with the check - me totally dismayed that he did even know that his kingdom had been on the verge of collapse!). I avoided saying anything about the effort or what had happened, and did a song and dance about how Phil and the company had always been supportive...blah, blah, blah. I found out later (almost immediately, after my boss made calls to the other directors) that the Pres wasn't told because they knew they'd get fired for what had happened, and they were very close to retirement. Doesn't it seem like they should have clued me in? I mean, it was obvious that Phil would have been pissed if he had been told, but I figured he knew all about it. These guys risked it, probably sweating bullets that I'd advise! What a world! LOL BTW, the problem, though very complex (the corrective action was known as the flow chart from hell), wasn't THAT big a deal, and the Gov't folks contributed to the problem. But the way it was initially handled exploded - arrogant smart guys responding to casual concerns with talking down and threats.

I had to go out (stop posting for awhile) with one of my infamous novels. I was compelled (LOL) and delusional enough to think some might find it entertaining!

FWIW,

SGE