Another possibility
posted on
Sep 28, 2015 11:45PM
OK, there is not much doubt that the new Markman ruling is a setback. However, it is not the final word on the matter. An uphill battle perhaps, as Ron has stated, but stranger things have happened. Plus, and this is, I think, significant, there is the distinct possibility that the current litigation is over specific technology that does not infringe given the very narrow interpretation of the 336 patent. That certainly does not mean that the previous deals could have avoided paying even with the current wording. Nor does it mean that no more deals will be forthcoming.
What is required is an analysis of the details of the technologies involved, something that, regrettably, I am unable to perform. So, although I am not encouraged, I also am not quite ready to write PTSC off just yet.