Re: Easier for patent owners to secure injunctions in disputes over complicated tech
posted on
Sep 20, 2015 11:40AM
With that scenario, how would I feel if the case was dis - positive to e.Digital having locked an injunction during proceedings?
NEST would be looking for more in damages than legal fees....If they decide to go beyond negotiated settlements as being unfair in their minds it would be very tough for e.Digital. The main contention of the LAW360 comments are for plaintiffs to "boost their bargaining power in settlement negotiations" Thing is, cases can go beyond that simple thought by either side.
It would be better to not threaten stagnation...IMO, that move, if a motion approved by a court, would trap a small company like e.Digital. e.Digital does not have the force Apple or NEST have.
Where we sit now, e.Digital can go past negotiations if they are not satisfied of negotiations, if it has the will or means.
For the NEST issues, keeping in mind NEST DropCam is new to the market, ask yourself what e.Digital is after? As early on in this process we are...a settlement license or real rulings with definitive resolutions both IPR and civil.
If we do not get definitive resolutions...we simple move as we have always moved ....less than a snails pace.
doni