"assuming we win...Bottom line i assume many are waiting for the outcome of law suit before signing up is that fair statement."
That's difficult to say, depending on what you mean by a "win" and/or an "outcome". Sorry to make this a "what does 'is' mean" kind of response, but the situation is profound in its implications. It really isn't possible to know whether others are out there "waiting" with any real sense of apprehension, but it may help you to know more about what is going on in the litigation from a general perspective.
First, I note that TPL has signed a number of licenses for its own IP products in recent months without "winning" anything in terms of verdicts --- no Markman rulings, no summary judgments, no trials. So, it seems that TPL is able to move its own IP, i.e., nobody out there is "waiting" on litigation in those situations --- although, of course, we don't know the amounts of those deals.
Having said this, litigation has a way of being very fluid and dynamic (changeable), and inertia plays a role as well. We are now only some two months away from our Markman hearing in the present cases, so it may well be that, as in the J3 cases in Texas, the T3, being this close --- and especially with the judge having denied more preparation time to TPL's new attorneys --- want to see what happens. Remember, they are the ones that filed these cases, and they did so in a venue that they believe to be favorable to them. Still, there is a lot riding on that decision, since, as I have said in other posts, any further challenges on validity with the PTO appear to be history --- that doesn't mean the T3 can't challenge validity in the litigation itself, and they may stilll try, but it would appear that infringement is the main bone of contention at this juncture. If that is accurate, then the upcoming Markman hearing looms very large.
Prior to the hearing, the T3 can gauge the briefs that have been filed, and during the hearing itself, they can gauge the judge's demeanor and any points he might make during argument. There will still be plenty of time after that before the Markman ruling is issued, although it would appear that our new judge is very conscientious and doesn't intend to let things just sit around on an indefinite basis. He may take awhile longer than he has done for lesser issues, since the Markman ruling is often virtually dispositive of the case, but my guess is that, assuming the current schedule isn't changed, we will probably have a ruling in March or April.
In summary, it appears to me that TPL and PTSC are again playing for all the marbles in the upcoming Markman in January, just as was done with the J3 Markman, but that the current scenario is reversed. Back then in the J3 cases, we were in a favorable venue, but there were ongoing PTO challenges (I never really doubted the outcome of those, but they were almost certainly used as a bargaining chip) --- currently, we are in a more unfavorable venue, but the PTO issue no longer exists.
Make no mistake about it: If TPL/PTSC lose the upcoming Markman, PTSC is "dead-er" than the proverbial doornail, because it has nowhere else to turn. The Company produces no products, and based on everything disclosed in the Qs, PDSG is barely surviving. As a result, should the Markman be lost, that would likely mean no further infringement revenues, which, in effect, means virtually no future revenues at all.
So, with all of this in mind, the issue then becomes, just as it was back in the J3 cases, "Who will blink first?", us or them. The T3 have billions of dollars in the bank and, although they certainly don't want to lose, it is also true that a Markman loss, or even a loss at trial, would not bankrupt them. Conversely, a Markman loss would likely be the end of PTSC, although probably not of TPL, since it has its own IP products. As I see it, this creates a compelling dynamic, especially in terms of the "new conditions" that PTSC was supposedly able to negotiate in the recent settlement with TPL.
Returning to your question, are other companies who are potential defendants watching all of this from afar? Well, again, I certainly don't know, but if TPL/PTSC win the upcoming Markman, then, as I have posted on many prior occasions, they will have "both sides of the coin", i.e., powerful positions on both infringement and validity. As to infringement, they will have won Markman rulings in both favorable and less favorable venues, and as to validity, they have the re-certifications. Remember, as always, that lawyers for other potential infringers will always try to argue that their clients' products are different, and/or that something has been overlooked as to validity, and yadda-yadda-yadda --- however, a Markman win for TPL/PTSC in a less than favorable venue would be something of concern to future defense attorneys. So, in that sense, any companies that "wait" are, in essence, taking much the same risks as are the T3.
Of course, all will likely be for naught if TPL decides to continue to take nuisance value in settlement. As I've also said many times, no number of small, sporadic settlements will ever do anything for our stock price, since "sissy settlements" don't strike fear in the hearts of other companies. So, if the T3 cases are settled prior to the Markman on that basis, that will be no help to PTSC since, at most, we would just start the litigation process over again in another court (although, hopefully, in the EDoT --- that's another set of issues). And if there is no change in settlement tactics even after a favorable Markman ruling, well, we've already seen lots of examples of that. In other words, if other companies out there are in fact "waiting" on a result in the T3 cases, they may well decide to "wait" a lot longer under this scenario.
Bottom line: Settle prior to the Markman for big bucks, or win the Markman then start demanding big bucks, either of which might well get the attention of any companies that are "waiting" --- but "business as usual", such as has been done since the "Sony sweetheart deal", won't get the job done. Conversely, lose the Markman, then place PTSC's remaining foot in the grave and break out the shovels. Alternatively, have PTSC announce that is has an independent source of revenue that will replace or surpass "big bucks" MMP revenue (i.e., a miracle).
Sorry to be so long-winded, but I hope this helps you to understand what is occurring and the magnitude of the implications. Best wishes to you and all.
p.s.: What about them Tigers? Down by 14 in the first Q, leading at the half, blowout win. Hog-to-be daughter is silent. Big fun for Dad.
