And how long does TPL wait when the next re-exam request is accepted for review for the 336 patent by the USPTO? At some point we need to come to grips with the fact that reexamination of the patents by the USPTO could go on through the life of the patents. I hope not, but it is possible. The question becomes when does TPL finally decide the 336 is solid enough and get more aggressive in the licensing arena? How long do they wait? We assume that TPL has the expertise to undestand what the latest prior art is that has been brought up for the latest 336 reexam. It appears that it has stalled the licensing effort again. Is the prior art a real concern for TPL as they have the expertise to know what the latest prior art is and if it poses a serious challenge or is TPL being too cautious. If TPL is letting it hold up licensing then one would have to assume that they are concerned about it otherwise they would stay aggressive. Waiting for the USPTO to be completly done however may take even longer than we think and drain away the resources for TPL to effectively pursue other infringers.
Happy New Year to you,
Steve