Re: Sammy's argument? (As I see it, IMO...)/lake...Yup/....
in response to
by
posted on
Aug 11, 2009 01:31PM
About the markman hearing.
We seem to have banked our hopes that this hearing will recognize that these companies have infringed on the property rights of EDIG. It no longer is it of any value that EDIG has the pattern rights to their inventions. It will be a decision made by a Judge who will look at other reasons for why a company "Can" infringe without being in violation of the law.
This is by all standard law by decree and it is base on nothing but the whims of a single judge and how he feels on the issue at hand. In other words we are in deep do=do.
When it is that might makes right , the little guy ends up in the back of the bus. The mega buck companies have the influence and the money to influence the court and if thats not enough, they can influence congress to make decisions in their favor.
Now lets say that the markman hearing goes our way. There will be appeals after appeals and this can drag on for more years and EDIG just does not have the backing to continue.If they did they would have shown that by emp[loying the lawyer they have rather than make a deal with him where they give away half of what they possibly could expect. Since no new litagation has been presented by these lawyers it is possible that they see that their chances of winning is less than 50 percent.
Please don't get me wrong , though what I have stated here is in negative terms i'm trying at the same time to be realistic and not uphoric .