Re: Gil, Markman
in response to
by
posted on
Apr 15, 2010 11:28AM
I concur with DISCH, that there will not be a Marksman. Edigital did not randomly select these patent infringers. They examined one or more product offerings from each party and documented the area of infringement. If a defendant fights the issue all the way to a Marksman hearing and then the hearing is in Edigital's favor, now they are screwed. They may be penalized additionally for the infringement and lose the opportunity for a cross license agreement. Once one defendant gives up on pursuing the Marksman, they all go. My first guess is someone without a great deal of product. It is all just smoke and mirrors right now.
Frank