Re: question for the more informed
posted on
Jan 04, 2010 01:04PM
As someone as stated here before even a third party can challenge a patent. As you (B-Lunist) already know PTSC's patents were challenged by the so called infringers as well as a third party. These challenges have been going on for years on the same patent and even the positive ruling from the USPTO has been challenged again. Once it starts the process is slow and appears to be never ending. For those of you that have not followed PTSC, I would suggest reading a public law firm's web site PUBPAT. I don't know who would pay the fees but obviously Edig would have to provide the documentation and well as the engineering expertise to resolve the matter.
Although as previously mentioned settlements are not wins at least they are something in the coffers. Taking it to the conclusion of a jury trial has pitfalls on both sides of the courtroom. I would rather see the case go as far as the Markman Hearing or to the day that case goes to court. Never trust a jury or judge as they may or may not have the understanding of the patent. Then it might come down to which lawyer they like best.