Re: s40 ...I agree 100% - Ease
in response to
by
posted on
Jul 09, 2007 07:31AM
That I'll agree with! Here I make a couple of more upbeat posts Saturday, and you bum us all out with '584 predictions on Sunday! LOL Just kiddin' with ya.
But the recent comments about not only the '584, but more on the '148 and '336, are exactly why I'd like to see a motion for SJ for all three. I think there would be a very good chance of a grant on '336, a decent chance on '148, and a slight chance on the '584. But if the Judge granted the motion in our favor on just the '336 (with the others left hanging), that would get the ball rolling, IMO. Then another push for an injunction?
On the other hand, with mediation probably in process, the Judge might just delay a ruling on the motion, or deny outright until some mediation feedback comes. Here, we KNOW that our team is willing to negotiate a settlement, and I think we KNOW that the opposition is much less inclined and might just be being unreasonable, saying "no, no, no". Such feedback to the Judge, with our team's knowledge (they're in the same room), could easily prompt the motion, IMO.
It's an interesting chess game being played at the moment, I suspect. The USPTO has basically put us in "check" on the '584 (following the Judge's lead). It just seems to me that if we filed for SJ, that alone would put the opposition in "check", and a granting of that motion in our favor, even on just the '336, would give us a "check mate". And an injunction? Wow. How fast would all infringers on notice be opening their checkbooks? How many zeros in that number? LOL
Meanwhile, less than 5 weeks till mediation is to be complete....
And I KNOW nuttin'!
SGE