You say:

"But history seems to be telling us that what was thought to be significant USPTO decisions in the past have had little effect on license sales."

What "history" are you talking about?

What (positive) "significant USPTO decisions" are you referring to?

I cannot recall a single POSITIVE USPTO decision, unless of course you are referring to the last '336 recert - which was overshadowed by the app/re-exam request that we KNEW was waiting in the wings (and no doubt all interested infringers knew this as well, so they took the appropriate action - wait.). So there is no "history", and there is no "significant USPTO decision" on which to come to your conclusion.

You say:

"Perhaps some/many of the USPTO activites are a nice distraction for us, a hopeful distraction."

I certainly can't speak for everyone else but, at this time (and for the past couple of years), to my way of thinking, the USPTO activities are EVERYTHING, and everything else is a mere distraction. You acknowledge that it is a "hopeful distraction", but IMO it is well beyond THAT. IMO, everything hinges on a positive outcome at the USPTO. And I believe that everyone here understands this. Put another way, without the hope for a positive USPTO decision at some point, there is no reason for anyone to visit PTSC land.

But you do pose a key question. What would happen over the next two months IF the USPTO issued a positive decision today, e.g., an NIRC on the '336, or even the '148? I believe the virtually universal opinion here is that there will be some rather fast-paced licensing at higher fee rates. And I believe that there is broad-based opinion that many of the current "issues" PTSC is facing would go away or be resolved PDQ. Without these opinions, again, there would be no reason to spend any time in PTSC land.

Perhaps this opens the door for some constructive discussion. I suspect things worthy of consideration are what "issues" would go away. And which issues SHOULD go away, or should they continue as issues until PTSC has full "satisfaction" (e.g., if TPL paid Moore what he is due, should that issue persist. Likewise, if TPL were totally forthcoming on any questionable things, and paid us what PTSC is due, should issues/confrontation with TPL be continued?).

So, while I believe your post is a bit "mis-guided" (and I actually think you might agree), it perhaps opens a door to discussion of things actually worth discussing. It is what we are all waiting for, after all. And it would certainly be an improvement over the recent "discussion" here IMO.

JMHOs,

SGE