Corrections welcome on this as I haven't gotten into the details of the process, but if we appeal the ITC decision, as I assume we will, I'm assuming it will be a while before we get in front of an appeals board. On the other hand, if others posts are correct, provided we don't settle, we'll likely have a litigated resolution from the NDoC case by mid October - 9/23 jury selection and then 10 day trial starting on 9/25. I assume the jury verdict would occur within a week from the end of the trial.

So I wonder how the ITC panel would then rule with the knowledge that the NDoC ruled infringement by some of those same entities on which the ITC just ruled the opposite. If the NDoC case is truly must stronger in our favor as some think, that could become support for a strong ITC appeal.

It'll be interesting to see if TPL/PTSC feel strong enough to battle into a trial, or we'll see a settlement on the "court house steps" so to speak as we did in Texas. A trial would certainly seem to be a "chips all in" position from our side, which would be very risky for the $45K per month club, but at the same time, the infringers in the NDoC case that overlap to the ITC case would seem to be putting their necks back on the chopping block that they seem to have just extracated themselves from should they go through with the full trial.

Still a lot to play out. We'll see, but as big a bummer as the ITC ruling was, I'd say the upcoming MSJ ruling is more critical. I defer to others who seem to think the MSJ is likely to be denied, and if so, that will set up some interesting poker stakes over the next month or so.