Why don’t we wait and see what actually is?
I think there has been some pretty good discussion, thoughts, and articles posted these last few days, but I tend to agree with you... and it’s only a matter of time before we’ll know one way or another. My own thoughts:
1. I believe I clearly understand the key issues surrounding our patents/claims: RAM vs. Flash, Main vs. Sole, Recording vs. Storage, etc., and I have read and re-read all the information provided here from PACERs, reports of the Markman hearing proceedings, and informational articles. Given all of this, I think it is most likely that the decision will go our way for the most part.
2. I doubt that defendants will appeal the decision. Again, it seems more likely they would settle as the cost to either appeal or continue to trial would increase substantially. Remember that DM’s stated preference is to settle. Remember also how much defendants have so far resisted discovery in this case. It appears that DM has completely backed off on this pending the decision. However if the decision is favorable, you can bet that DM will again be aggressively pressuring the defendants to comply with discovery requests in preparation for trial.
3. Even if defendants were to appeal the Markman ruling, I very much doubt it would be reversed. The issues in this case are not really all that complex (at least to anyone who understands fundamental computer technology) and I’m certain we would be among the 50-60% of rulings that are NOT reversed on appeal.
4. If it happens that we receive an UN-favorable ruling, I think that DM would quite likely have grounds for appeal... either on the basis of the technology being completely mis-understood and the claims mis-construed, or on the basis of adding limitations and thus not staying within the four corners of the patent (intrinsic evidence). In my opinion, DM has all the angles covered and has already prepared their next move come what may.
- Sinkman
