agree with my thoughts re: S&L - friend or foe. It's gratifying when a bunch of smart folks agree with my thoughts - Thanks!

And Ease, I'm now more zeroing-in my thoughts about the Markman. A lot of anxiousness there, for obvious reasons.

The one thought that keeps buzzing my mind is NEC. It still seems so odd that 4 out 5 components settle, and the biggest element sits it out. And there's a big message there IMO, as I and others suggested at the time. They KNEW everything the opposition had on the table as ammunition, and bailed (though they did get a pretty good deal - worth it to us IMO - strategy).

I'm now more thinking that Ron was likely correct about how infringement notices may be ultimately handled (and that my experience may have been peculiar - who wants to go up against GM when the true infringer is a supplier?). What I'm getting at is that Ron suggested that if there are Patent Indemnification clauses in all their (NEC's) contracts, the party given notice (NEC) stays in the litigation cycle as a defendent until it's conclusion, then passes liabilities (or sues) the true infringer (ARM) to recover damages. In our case, the true infringer (ARM) stepped in.

So what would that mean? NEC is only still in Texas as more a formality, because the part of NEC remaining is the chip-maker. Any claimed infringement by them is actually infringement by ARM (due to the clauses), who would ultimately suffer liability. NEC is only still there because they have to be as a cited defendant.

I find this possibility/probability as very comforting when considring the Markman. Just stokes the fire under the thought of NEC settling, after seeing everything ARM and the others had to throw at us.

And, as has been said many times, how will Judge Ward see this? That plus the thought of "these dang forners astealin' from the American Patriot". Funny thought: Ward rules in the opposition's favor, and the press goes wild blasting him for it - think of the headlines! I wonder if Ward does?

But I KNOW nuttin'!

SGE