Wednesday, January 11, 2017 8:49:50 PM
We've also discussed the German patent action but as Topfemaleexecutive has pointed out, that process seems a little less transparent. Or maybe my German isn't very good. But we do know that Google has sought to invalidate the ODT patents by actions in Europe, and that a hearing has been held but no initial decision has been made that I am aware of. I think it's likely the German patent court will follow the USPTO.
I don't think either of these actions on the patents challenging their registration will result in damages, and I'm not aware of any action being taken by Google against Max Sound claiming damages. I also don't know of anything that Max Sound has done that has caused Google to suffer a loss, other than the expense to which they were put in the lawsuits. In California, they are claiming a reimbursement for expenses incurred to defend the lawsuit that went haywire, but that depends on the appeal.
In general -- although war analogies may be tiresome or seem childish, I think it's accurate to say there are many fronts on which MaxD and Goog now conflict and while merits are important, resources are too. Google has lots of resources and logistical support. It seems MaxD is a ragtag army (or perhaps Ronin?), scattered, starving, and cold. Without a game changer, in a war of attrition, Google wins, but there will be undoubtedly ups and downs along the way.
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