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Message: NoCal and ITC

"There are two companies left at the NoCal venue and 12 companies at the ITC. The ITC is a big deal. If we lose at the ITC we will have to go through a jury trial to reep the full benefits of NoCal. Certainly, the ITC verdict will be told to the jury. If I heard the ITC ruled against TPL, it would certainly have some influence depending on all the facts being presented. There are only two companies in NoCal and in all liklihood we would have to file another lawsuit to see benefits from other companies, including those same companies at the ITC."

Fortunately, the NDoC Grewal's Claim Constructions heavily favor PTSC, offseting whatever assumed negative decision which may arise out of the ITC, IMO.

A negative decision from the ITC would undoubtedly increase the pressure on Otteson to "Go for the throat", and decline any settlement offers offered by the NDoC respondents, if PTSC/TPL truly desire to make a Big splash in the investment community.

What concerns me is, IMO, nearly every ITC decision past to present, has gone against Otteson...Otteson seems to be getting decisions thrown out time after time...along with late filings..To the casual observer, it might appear this may be indicative of where Gildea's decision-making process is taking him.

On the somewhat positive side, it appears Gildea's is actively trying to preempt any reversal on appeal made by the losing party, assuming this case in its entirety goes to trial, by his active participation in courtroom proceedings recently. (1) Can Otteson convince Gildea to drop the MSD on all counts, not a partial case limiting factor, by creating sufficient doubt in Gildea's mind that the Respodent's pleadings to date are insufficient to warrant a MSD? (2) In the interests of fair play will Gildea allow Otteson to have his day in court and present his case on the merits?

IMO, the A+B+C (Moore) creative and original idea will not be trumped by the A+B+C+D (Respondents), IF, IF Otteson can present convincing evidence. I believe Otteson can and will. The question will be, if it gets that far, is whether Judge Gildea will believe him..Virt

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