Max Sound Corporation (MAXD)

[Urbanlegend]

It may be irrelevant to the appeal, but it is relevant to shareholder interests, and interesting as well. It sounds like the agreement with Vedanti was drafted to avoid the mootness issue, and I agree with your prediction that the motion to dismiss on the grounds the appeal is moot will likely not succeed, but mostly because real rights of the parties will be affected by a decision on the appeal (and so therefore, the appeal isn't moot). The most significant right affected is the obligation to pay for the legal expenses paid relating to defending the initial claim, which no doubt is a lot, and more than Max Sound can easily afford.

On the merits, particularly the issue of standing, the appeal court did not at all sound receptive to the idea that Judge Davilla got something wrong. Google's argument seemed to go pretty much unchallenged, whereas MaxD had tough sailing on the alter ego theory.

So, I think the appeal will likely be dismissed (the judgment of Davilla affirmed) on this ground. The court may also make some comment on the question of whether the original (now defunct) agreement between VSL and MaxD including a license to the '339 patent at all, but this may be considered unnecessary.