Re: The Implications of Raising the Bar / and the problems of doing so..
posted on
Jan 20, 2010 11:48AM
You've mentioned the USPTO reexam several times and I'm aware of PTSC's experience with this. And while it probably will happen with EDIG at some point, I'm curious as to why you think it hasn't happened already? If the cost to file a reexam is only $2500(?) and it effectively stops the process for a couple years, then why wouldn't one of the companies we already settled with have simply done that rather than pay us $1-2M?
I also don't see how DM can 'raise the bar' and get higher settlements given what we know of past settlements and DM's apparent strategy to settle rather than fight.
These are two examples that seem to defy conventional reasoning, but obviously DM knows many things that we do not. I've given up trying to guess what will happen next. Regardless of what anyone may think about the merits of e.Digital's patents, DM sees something of value and is able to get results with them. The only question remaining is how those results will trickle down to the shareholders.
One encouraging thing I see is that the old concern about how long DM would stick around has pretty much gone away as they are apparently in this for the long haul (5 year plan). That and the fact that another law firm may be getting involved with us leads me to the conclusion that whatever happens should be worth waiting for. Perhaps that is one of the 'elements' yet to be put into place before RP 'raises the bar' on the PR effort later this year. We shall see.
- Sinkman