Re the 584 and the recent docs we submitted. Notice of concurrent proceedings and the patent owners letter.

The letter. Could be suggestions on procedure or something along those lines. Don't think the letter contains anything negative. We still have a number of applications and reexams, so doubt Moore would be stirring the pot.

Concurrent proceedings. My hope is the notice is some sort of appeal (mandamus) to get the Texas claim construction overturned. While the 584 is now validated, its value is non-existant as long as that Texas court ruling stands in the way. If we attempt to license the 584 we may well find ourselves in court as plaintiff or defendant and the opposition is immediately going to use the Texas court ruling against us. We need a remedy to fix this situation otherwise all the work on getting the 584 though the USPTO reexamination is for naught. If I understood the examiner correctly, there is no support within the patent for the inclusion of right justified operands in any 584 claim.

I believe that the 584 was dropped from the California litigation, and at this late date unlikely they could get it back in. If this concurrent proceeding is some sort or request for judicial review would that be the State Supreme Court? Does Wolf or anyone else have access to Supreme Court filings? Any other thoughts as to what the concurrent proceedings might refer to?

Opty