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Message: Judge Ward isn't going to think anything

Re: Ease, Ba, Ron...welcome...

in response to by
posted on Mar 21, 2007 02:19PM

He didn’t tell me anything that you, Fut, Ease, Ba, or SGE has told us many times. I was surprised though about his conviction regarding the Japanese firm’s resistance to pay more than $1M for a nuisance fee. Yes, it has been stated on this board by many in the past, but I was hesitant to believe it, and based on what he stated I was wrong. Looking through my notes, which I didn’t have with me last night, and there are a couple more minor things. Based on the information I shared with him, he quickly came to the conclusion NEC has indemnification agreements with ARM therefore the majority of the NEC companies settled, with NEC America still in Texas to defend their own products. Regarding the defendants request(s) for re-examination of patents by the USPTO, he stated that often this is often just a negotiating ploy by the defendants. He stated that many times he has seen defendants who knew they were infringing and planned on settling, request a USPTO re-examination of the patent(s) with the intention/hope of reducing the settlement amount. I asked him about the PUBPAT request combined with the defendant’s request to re-examine specific patents, and he said that the USPTO would most likely combine the request and complete the re-exam at the same time. Lastly, as you have stated in the past, he agreed that PTSC has minimal chance of getting an injunction against ARM/J3. Main reason being that PTSC does not produce a product therefore defendants are not producing a competing product. He said this is a result of the Supreme Court’s acknowledgement of problems with the use of injunctions in patent cases, most notably the NTP vs. Blackberry case even though they (NTP) did not produce a product. I asked him about the TiVo ruling in which TiVo did get an injunction in the Texas courts against EchoStar, and he responded that the case is different in that TiVo produces a DVR and the cable/satellite companies produce DVR’s or competing products, so a completely different circumstance. Again, all of this having already been discussed by you guys. Anyways, FWIW, just sharing his thoughts. I will let you know what he thinks once he completes his own research, and who knows, maybe we will have another attorney join this board. GLTAL

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