People need to step back and review just what the Js had to go to trial with. What are they going to use as a defense given the Markman? So did the Js manage to skip out of town unharmed? If so, how?

IMO the only thing that could keep them from total surrender and throwing themselves on the mercy of TPL/PTSC was their hope that a ruling on ACP in their favor might give them some negotiating leverage. Let's look at the ACP issue. But before going into details, let me premise with my belief that judge Ward was not going to allow ACP to be breached, unless there was some evidence of wrongdoing. Don't think he would allow it, solely on the basis of a defense theory. Higgins depo was a mishap. We should have asked for a ruling on ACP before any depo took place.

So for the Js to have any ruling in their favor they needed something more than a theory. I do not know if they had anything, or even if ACP was breached, whether there is any smoking gun. One would hope most attorneys are smart enought not to put damaging stuff in print. But even if Ward ruled in the Js favor, IMO they would not go to trial, but use it for negotiating purposes. And here is why.

Worst case scenario. Judge allows ACP. The defendants were claiming the long delay in responding to the USPTO on the '148 was because the patent owners abandoned it, not an unintentional delay. Perhaps a loss. But on the '336, the defendants are claiming we lied to the USPTO when we said the technology is workable. I do not see them winning that one. Although PTSC had difficulties, the company did not have the money needed to hire the best equipment and people. It would be a real tough one for the Js to win at trial. Didn't TPL/PTSC license this technology to many worldclass chipmakers? So I guess it works.

I purposely left out the ownership issue. I think that one is a definite non-starter.

Now one point on what Ward was facing. Doubt he wanted to rule officially on ACP and risk appeal. Doubt he wanted to rule in private either. But if necessary to break a stalemate, the fairest way to do that would be to let the party that is going to get hurt know how he is leaning and give them a time frame. But informing the other party would make settlement all the more difficult, so he does not let the other party know. Seems likely the Js did not settle within the time limit, hence their motion for more time with sealed attachment. (The dog ate my homework excuse?) Three days later, a joint motion for additional time. Wonder what got TPL/PTSC to join the motion?

It may be those rose-colored glasses, but I find it diffilult to see how the Js get out of town unscathed. Well, that's my first and hopefully last novel. All IMHO Opty