< I would think the MOU, assuming the contingency theory, specified, as said above, the patents recert unscathed, unamended or altered in any way. They will be amended. Thus, back to court for further review and litigation.>
I like the way you think. But is litigation is still in the cards? I thought we gave up the right to further litigation within the settlement terms. And if that is so, I would suspect that how we proceed would be spelled out in significant detail within the MOU.
Also, is there a reason that you feel an unamended claim is a requirement? I would think that such an agreement would have the patent owner at a big disadvantage. At the time of the settlement everyone thought we held the cards, and were shocked when payments became known. You don't think they could have agreed to let the court decide if any claim was materially altered?
And do you think the MOU comes into play after either the 336 or 148 get recertified or only after both make it through the USPTO? Again, waiting on both to make it through is putting the patent owner at a disadvantage, indicating that perhaps we held the weaker hand, and few saw it that way. Also we license a portfolio. So we only need one to require a license.
Appreciate your delusional thoughts.
Opty