<Why do people keep saying licensing is at a standstill? Well, yes it is >

I agree that the funding of PDS is at the heart of the standstill. Either we are unwilling to license at levels infringers are willing to pay today, or they are unwilling to license at levels we are demanding today, or combination of both.

However, in the past TPL seemed willing to let enough go through at less than expected dollar amounts to insure they keep the lights on and the wheels turning. I assume you are saying the the reason they do not want to do this now is perhaps the expectation of a favorable 336 reexam decision. And it could be that they have companies already indicating their willingness to sign at asking prices if no further reexam. In which case, as long as the PTO comes through with a logical response, the loans are perhaps no longer any problem. But they could be, if the PTO rules to continue the reexam.

And here is where timing might tell us something. The $1 mil was due Feb 28th. The litigation search was posted on March 1. And from what I have seen, the litigation search means a decision has been made and within 10 days or so (on average) we see the written decision posted. Because Henneman waited as long as he did to act, I suspect his expectation was the same as ours. I believe he got wind of what the examiner had in mind and promply posted that IDS to counter it. And it would appear, due to the unusual length of time since the litigation search, that the examiner had to change directions, either in part or all together.

Since Henneman posted that IDS on March 2nd, I think he probably needed a few days to put it together. Hence TPL may have known the examiners intent before the end of Feb when the loan was due. TPL probably would have defaulted on the loan even if they had the cash, thinking this could be a prolonged dry spell. Wait and see what Henneman can do to correct the situation and what the PTO decides before considering repayment of the loan. But why did PTSC take that long to file? One can only assume that PTSC may not have been informed right away with respect to the examiners initial intent or TPL continually promised new license money but failed to deliver.

Sorry, this is starting to turn into a novel, so I'll end there.

Come on PTO. You can put an end to much misery simply by doing the right thing.

Opty