"This was done to streamline this case and does not affect the number of products that they are accusing of using our IP or the amount in damages they are seeking."

Wait - how do we know that for certain? I haven't read the filings personally beyond what has been posted here, but how could such a thing NOT affect numbers or damages? Do ALL infringing products necessarily employ the same patents? (and how would we know this?)

Put another way, if there were basis for suing with 4 patents and now 2 of those patents are eliminated, then either:

1. They shouldn't have included them to begin with.

2. ALL products contain AT LEAST 3 or the 4 patents such that eliminating any 2 still exposes each product to one of the patents at a minimum.

3. They gave something away already... perhaps a good strategic move... but gave something away nonetheless. They may have streamlined the case, but they have also limited what they have available to work with.

All of the above? None of the above? Unless the goal is to settle before Markman and/or to accept a smaller amount for damages/licensing, then I don't see how dismissing these two patents helps us over the long run.

- Sinkman