I agree with Black Labs Rule. Not only about the dog breed, but about how settlements in our current position and circumstance should be for far greater dollars than may have been the case in the past. It all has to do with RISK. At this point, with the successful CC behind us, the Risk to the defendant increased dramatically. I allude to this in my original post re: Settlement/Licensing Status, which is about to be resurrected.
What I suspect has happened is that EDIG/Handal saw the defense startegy of Micron in the recent hearing, and watched them fail miserably, and decided it was about time to pull the trigger and threaten to file a Motion for Summary Judgment (MSJ). This threat of an MSJ to the defendants has been looming for months (since the successful Markman). But apparently our team decided to hold off until more cards were on the table. Well, the cards were revealed.
A threat of MSJ is a big deal, especially in our current circumstance. If the Judge granted the MSJ, all that would be left (per my understanding) would be a jury trial to determine damages. And there's the big risk - as in huge. Do you want some say as to how much you're going to pay (Micron), or leave it up to a jury?
I believe this circumstance is something new for EDIG. And I would think Handal would know how to leverage the situation for maximum benefit.
As for Woodman Labs (are they black labs?), they may have received a similar threat, were made aware of Micron's action, and caved. This may be the begining of a domino effect, not only for the infringers engaged in the instant litigation, but also all other infringers who have been legally notified of their products' infringement.
JMHO. I was adding to my position Friday. But I KNOW NUTTIN'!
SGE
