I agree. However I would not underestimate the impact of a validation from the uspto. If Im one of those companies on notice I would consider waiting and let this challenge play out and who knows if its invalidated my company doesnt have to pay a thing. Conversely if I could get a great deal while there is a modicum of doubt about the patents validity I would consider taking it. Neither plays well for ptsc and tpl. In the first scenario no money coming in. In the second were negotiating from a perceived position of weakness.

You make an excellent point about somebody taking it on the chin in court. That would make all infringers stand up and take notice. I think the best combination for us would be validation by the uspto and a favorable decision in the courts. One must consider however the uncertainty when arguing a case in front of a jury.

Thanks for your post.