Re: FWIW...NEC America was the requestor...eggbert - cantwait
in response to
by
posted on
Oct 28, 2009 07:14PM
He's referring to certain people's delusions that the MOU associated with our settlement with the Js contained certain contingencies which, if certain events took place (specifically recertifiaction of the '336 and/or '148 with infringed claims adequarely intact), would require the Js to pay further royalties beyond the instant royalties/monies paid in the initial settlement. (I challenge anyone to say that in more concise terms! LOL).
It appears that the only way we'll KNOW if these delusions hold any water is IF Judge Ward says anything or takes any action after re-cert of the amended '148 (though it could, if real, come sooner if he chose to act on the '336 and not wait until both patents in question have been recertified). In any case, it may take a (long) while to find out if he takes any action, or not. But if he does, ever, it would strongly suggest that the delusional people weren't as whacky as some may suggest.
SGE (one of the most delusional, admittedly)
BTW, Mark is of the opinion that if there were contingencies placed in that MOU, they had to do with the outcome of the Quanta case at the SC, and nothing to do with actions by the USPTO/the re-exams. Mark - correct me if I'm wrong here!