Doni...
I am sure you play Chess. DM took about a year before agreeing to get involved in this case...
You can bet your last Dollar that he has considered all the moves ahead of the time...
The most Important part of yesterday's PACER was item (1) which read:..." All declaratory judgement counter claims by Samsung Electronic of America, Inc. of NON-INFRINGEMENT relating to the 445,and 108 patents that have been brought in this law suit are hereby dismissed WITH PREJUDICE.
DM just moved and sacrificed a PAWN (all claims of infringement made IN THIS LAW SUIT, as they related to 445 and 108), and AGREED NOT TO RAISE THE SAME IN THE FUTURE...
In exchange he got couple of incredibly significant agreements from the other side:...
(1) They agreed to dismiss with prejudice all declaratory judement counter claims against 445, and 108. Please note that there is no modefier of "IN THIS LAW SUIT" here. Samsung is barred from raising any counterclaims of non-infringement now and in the future, PERIOD.
The second great move by DM was to get Samsung to agree to drop their claims of INVALIDITY of 445. and 108 and dismiss them without prejudice.
What is the effect of this fantastic tactic by DM is the following...
He sacrificed a PAWN (Claims of infringement based on 445, and 108 made IN THIS LAW SUIT. In exchange he gets to move this along to MARKMAN HEARING where the Validity issues will be decided by the judge, and DM will have check mated the opposition...,
Gil...
