Patriot Scientific

Are we so dumb not to use that as preceden[t]...

That depends on what you mean by "precedent".

The decision of one jury is most certainly not any kind of legal precedent and is in no way binding on the court or jurors in subsequent cases. Even if the appeal of the HTC case had been completed and a ruling obtained from the Federal Circuit, which did not occur, that ruling would still have been based on the jury determination in the trial court.

If you mean "unofficial precedent", such as using the HTC rulings and settlement as a basis for settlement, I would agree with you that this should be done, and that our lawyers would be "dumb" if they are not doing so.