Reasons to be Cautiously Optimistic
- Judge appears to be following EDoT Judge Ward's Constructions.
- A+B+C+D Theory. If an infringer merely adds something inconsequential "D" to overall patent and includes your "A+B+C" original concepts, you're on the hook.
- Dr.O's likely ability to impeach Respondent's expert testimony. Additionally, though an important part of Dr. O's expert testimony has been disallowed by the Court, earlier testimony incorporating his likely trial testimony was admitted in Discovery and won't be soon forgotten by the Judge, IMO.
- Judge saw right thru earlier Respondent allegations concerning the '336 during written trial excerpts.
- Respondents are ramping up their Appeals Staffing implying weakness in their position and/or just being prudent.
However, IMO, there is enormous business and political pressure on the Judge to side with the Respondents and will require great courage on the side of the Judge to withstand the pressure.
It's an easy out to side with the Respondents, facts notwithstanding, unless he desires to delve deep into the underlying concepts presented by Mr. Otteson and wishes to make a bold statement that the small inventor still has his legitimate day in court and his voice will be heard.... Virt
