I am between appointments with only a few minutes to spare, so please don't nitpick any of the following.
I have seen the letter from PTSC, but haven't had time to really consider it. Looks like pretty much what I would have expected, but in any event, at least it's something and, therefore, appreciated.
As to the Patent Reform Act, please remember that, at least in its last form, it contained a provision (section 12, 13, 16????) specifically stating that it would not apply to patents already issued. I would not expect that to change, but even if that section is removed, laws are not retroactive if they would affect "vested rights", meaning those which are already in existence. There may be some individual provisions of the Act that would be retroactive (venue for litigation, for instance), but not likely in an overall sense. Ted and/or Milestone, tell me if I'm off base here, as your thoughts on these subjects are always welcome.
As to the status of the PTO versus the appeal in the Federal Circuit on the '584, my expectation is that the PTO ruling will come first. Remember that, if that ruling is in our favor, it will be based upon a "reconstituted" '584 that has new terms as submitted by TPL during the ex parte re-exam. Again, I would be happy to hear from Ted or Milestone, or any other "lurking lawyers", but it may be that the PTO ruling renders the appeal moot --- obviously I'm emphasizing "may".
That's all I can throw out for consideration in five minutes. Will try to check back in later. Best wishes to all.
