do you think DM would not anticipate this type of defense action. Just because the parties asked for USPTO patent review does not mean the trial now fizzles out or is delayed.

Who's to say the USPTO will allow review based on the request? When the request is rejected it will make the patent that much stronger.

I knew of another case where the plantiff's lawyers got the judge to continue the hearing based on the patent as it stood at that time and the judge told both parties that the jury would know nothing of the USPTO review during trial.

I believe this was expected and planned. We shall see soon what DM does with this and how the defense tries to use the tacktict to there advantage. I expect in the beginning and prior to moving forward as they did with percent pay based on wins that DM played out all possible scenarios of patent weaknesses and/or defense attacks.

This can play out in ones head many different ways of good and bad, but i still have to think DM expected it.

The judge will not want to let this case sit on the books for years waiting for a USPTO review. You can count on it. Either there is a settlement soon, or we move forward in court with no delays on the patent as it stands or a quick USPTO rejection and then settlement.

The defense is also trying to lighten the $$$$$$ settlement amount any way they can.

My fortune cookie says 1 month away! LOLOLOL

JMHO