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Message: Patent Quest

Patent Quest

posted on Apr 22, 2010 02:08PM

I happen to have a different opinion.

So far DM has filed less than 30 suits of the approx. 175 potential infringers.

You may want to ask yourself about the ration of tier 1 vs. tier 2 type suits.

I estimate more than 75% of the total suits will be tier 1 type. Somewhat easier to prove than the more complicated tier 2.

Even filing 20 or 30 at a time and with a favorable Markman ruling, the remaining are not going to simply sign a check and put it in the mail. They will no doubt go back and forth with the lawyers and drag the cases on for a few months possibly a half year.

That process consumes 2011, 2012 and maybe part of 2013 at 60 per year. Then the more difficult suits would commence. Even using 20% of the 175, we are talking about 35 time consuming cased, which could take at least 2 years in total, maybe more.

I did have a conversation with RP about tier 1 vs. tier 2 and at the time, he commented that more than likely all of the tier 1 suits would be filed and maybe completed prior to filing any tier 2 suits. This strategy is somewhat in the hands of DM along with edig and of course as the process moves along, things may change as a result of rulings, settlements, modified contracts ( royalty agreements) and other issues.

I just think comments about ending the process and looking at tier 2 next year is premature.

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