Re: MMP being sold???
in response to
by
posted on
Apr 10, 2009 05:30AM
<Remember we've been rejected by the PTO... so I don't think the MMP will be the generator of much revenue until that is resolved one way or another.>
FWIW, the entire MMP has not been rejected. And appeals are still likely.
We seem to forget that the MMP is several patents. These patents are not licensed idividually. Most infringers infringe on more than one. And going forward I see the 148 as the one with the most potential. My understanding is that the 336 is old technology. The 148 is the latest. If you've read the response on the 148, you have to feel good that the argument is about the definition of a central processing unit. This is not to say that the USPTO will not reject it anyway or find some new grounds, but IMHO the examiner's current argument could never be upheld in a court of law. So there is hope for at least the 148, and we only need one, for MMP licensing effort to be successful.
Also, IMHO, there is little doubt that the USPTO is giving Moore a hard time, probably intentionally. Perhaps TPL and PTSC realize this and the concern is, not so much about whether they can eventually win in court, but whther the reexams will continue longer than expected and bleed the patent owners of time, energy and money. If that is indeed the perceived situation with the USPTO, might they consider a third or fourth party for a percentage of the MMP, thus providing sufficient funds to carry us through the USPTO ordeal? It seems like the logical way to go, and seems like RG may be hinting at it. Of course bringing in outsiders would upset TPL's control over MMP. A very real threat. Possibly the reason for the current Moore/TPL ownership argument. I really don't think TPL has legal ground here. They can make it difficult for Moore and drag it out, angling for the best deal they can get. What do others think? Opty
All IMHO Opty