ASM notes
posted on
Apr 30, 2013 05:06PM
Here are my notes from the ASM:
Not more than 30 -35 people were in attendance. All 4 motions passed and the general meeting adjourned after about 20 minutes. Jim Otteson and Vincent from Agility Law were there and Jim spoke and answered questions mostly surrounding our current ITC litigation. below are some of the salient points:
· Agility is taking the case on contingency and would not be doing so if he did not feel very confident about the MMP
· Jim Otteson said that we emerged from the USPTO stronger than when we went in
· the 336 is Jim's favorite patent in the portfolio & our most valuable asset
· by Jim's account, we won 9 of the 10 claims
· we should here within the next 2 weeks if the Motion for summary determination will be struck down
· the case is slated to be heard before the ITC on June 3rd in D.C.
· We will see the results on the first week in September with final order to be enforced 1/6/14
· The Stay in the NDOC for September 23 should be lifted within a couple weeks
· we are not touting any Markman victories in order not to upset the litigation process
· Agility has 16 or so attorneys or 90% of his firm working the MMP
· According to Dan Leckrone the opposition had 55 attorney's at the last court hearing who represent the most prestigious IP law firms in the world
· there should be no issue proving "domestic industry" in the case
· Jim mentioned that Judge Grewal was formerly a patent litigator in Silicon Valley
Dan Leckrone went on to say that is important to understand the magnitude & effort Agility brings to the prosecution of the MMP portfolio as well as their experience. My take away was that we are in good well-seasoned hands and Agility is the best in the business. All told, the meeting was generally positive and once we overcome the Motion for summary determination we have a strong chance in obtaining an exclusion order for importation of infringing products. Once we achieve this, it gives us much more leverage in negotiations with alleged infringer. Still optimistic kw