<<signings and settlements as a result of the Markman. 80 companys were mentioned prior to Markman ruling. Now all is quiet.>>

Net,

Seriously, and of course I do not know you personally, but that sort of statement displays breathtaking ignorance as to how complicated legal issues are sorted out and move to the signature stage.

Having companies in negotiation is one thing, but none of them was holding a quill hand, its black-dipped tip hovering just above the dotted line. It will take days (and more likely weeks or longer) for each company to fully dissect the Markman ruling and then apply it to its own products. This will entail long conferences with legal counsel and engineers, and then almost certainly more (and quite complicated) negotiations with TPL/PTSC. There are also indemnity / insurance issues and ramifications that stretch up and down the street in many directions. Think of how difficult it can be to organize a large family gathering. Now imagine trying to resolve this sort of issue.

The Markman was a giant step forward and admittedly, the SP is very disappointing. However, I firmly believe that new license signings now, with Judge Wards’ imprimatur on the MMP, will move the SP up, whereas in the past, with all the risk associated with the ongoing litigation, the SP did nothing or trended downward.

The Markman did not end the litigation or risk factor, of course, but it eliminated a substantial amount of the risk and will likely steer the litigation to an end that is positive for us. The ramifications of that are legion and far-reaching for PTSC. Finally, the once-dangling razor-sharp Sword of Damocles (i.e., the potential of a defense Motion for Summary Judgment based upon an unfavorable Markman) has been dulled, and its handlers have almost certainly packed that bit of legal ammunition away into a dark corner.

(Associated disclaimers here . . .)

tps