Re: The Implications of Raising the Bar / and the problems of doing so..
posted on
Jan 20, 2010 04:07PM
It stops nothing!
Presume that a company does not wish to settle. Doesn't it delay their particular case from moving forward pending the reexam? Isn't that what's going on for certain companies now with PTSC? Was that not your original point (made months ago) - that it is easy for a company to slow/delay the processs by asking for a reexam?
I would expect companies to try to delay any settlement for as long as possible if the settlemet inflicts 'pain' to them.
Maybe you (or the companies that have already settled for over $1M) have a different pain threshold than I do. If the patent is without merit and/or I don't believe that I am infringing, then a cost of even $25K to mess with my accuser and delay any possible settlement whether it be $1M or $10M... seems like it would be a good play. I can always settle later - maybe for more, maybe for less.
My point is that I see your point. My question is why do you think that a reexam hasn't already happened? Because companies like Samsung would rather pay $1.3M(?) now than take a chance for only $25K and force us to wait? And if so, then why expect a reexam so long as DM is always willing to settle for small amounts? Then the question becomes how far can DM push settlement amounts without inflicting undue pain?
So far it appears that they're pretty good at threading that needle. Hopefully it continues even if the increases are only moderate.
- Sinkman