It seems to me there should have been a ruling from Fogel re: the T3 request for delay of action due to pending USPTO actions on the '336, et al. Likewise, preceeding such ruling, it seems our team should have submitted a response/input to the court regarding this. I have not seen either. Perhaps Wolf has been preoccupied and has not checked/posted on this. But if I recall correctly the conference or whatever for which the delay was requested was to commence this Friday, 10/13/09. If anyone has info/updates on this, please advise, as the result on this will be interesting, IMO.

Why interesting? IMO (which is pretty meaningless in this circumstance - and most others!), it'll be interesting because, again in my opinion, the T3 request is without merit - though they do make a compelling argument. But I believe it is without merit because the biggest issue appeared to be regarding the '336, and awaiting the final, final, final recertification via the USPTO. The question becomes whether there is any likelihood of the examiner's opinion being reversed in the final review before formal announcement in the Gazette. Not bloody likely IMO. Then there may be the question of availability of the content of the amended patent for analysis, which appears moot since TPL certainly has a copy. And what precedent would it set if Fogel approves the request for delay? Would it mean that, if the current request for re-exam of the '336 were approved by the USPTO, that the entire court proceeding will be put on hold - for years potentially - until the next re-exam of the '336 is completed?

Just my questions and thoughts on this, which may be off base....

But I am very curious as to the status of the T3's request for delay/stay. There are serious ramifications for us timing wise (prospects for near term versus later settlement with the T3).

Anyone?

TIA,

SGE