<Do you have anything to refute what he says above? >
Certainly not.
I think the post you refer to is farily accurate providing a fuller picture, unlike some of the others which tend to be one-sided.
And it matters very little what I or anyone else thinks. What matters is what the litigants think the jury would decide. And the jury may not appreciate the fine distinction that Mark is trying to make us keenly aware of. They will not be EEs and most of this will be way over their heads. Might they consider that the MMP has licensed many noteworthy firms and brought in over 300mil? Might they consider that infringement is claimed on multiple claims of multiple patents? Other less conspicuous considerations? Whether or not the jury should consider such stuff is one thing. Whether or not they will, IMO, is probably of greater significance to the litigants. And us for that matter.
But all in my opinion only.
Opty
