that litigation will go all the way to trial.
"Other data suggest you may have an
advantage in a patent case. Juries rule for
the patent holder 68 percent of the time, and judges 49 percent. Where you file matters,
too. In Delaware, 15 percent of patent cases go to trial, compared with the national average of 4 percent. In one Texas district, patent holders have enjoyed a reported 92 percent success rate, though some recent judgments there suggest caution.
If at first you don’t succeed, appeal.
The Federal Circuit reverses 35 percent of
claim construction rulings, making that appellate court a significant factor in patent litigation."
http://www.wolfgreenfield.com/files/albert_is_patent_litigation_worth_it_.pdf
I think our chances are good considering, unlike last time, this time we're armed with positive recerts.
I just hope we win solidly in either case, settlement or trial. Whichever?
GL