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Why is Apple saying there is no case if DSS cannot expand their infringement claim. Has DSS targeted the wrong products? Or made the wrong claim. DSS legal team has certainly proven they can be outwitted at every turn in the passed. DSS's 8k statement about considering their next move kinda shows they don't think they have much of a future if the judge doesn't reconsider. That's my take
Is one patent enough to actually battle years of appeals against Apple?
I think the price of the stock is saying no trial is a good thing.
What a waste of time. Bring in "A Game Changer", oh DSS already did that.
LOL
Anyone here long enough to remember the coupons.com case that we all thought DSS won and then lost....waste of time IP litigation.
Look at PRKR up 300% the past two weeks just on approach of an August 2020 trial. DSS did the opposite. Of course PRKR is known for have a treasure trove of patents that are amongst the highest rated in the wireless technology world. Dss has one patent they got in a merger from Lexington. A bit different when trying to strike fear into a co like Apple that spends $5 million a day for employee lunches. Dss is like a tiny fly on one of those plates. Ya think apple gives a crap about settling? LOL
But it's a jury trial
DSS is wasting a whole lot of money...….they cant exit the IP litigation business fast enough. Their attorneys have been with DSS for years and they cant make a right move. Dumber than rocks, but great at legal billing!
DSS’ Position:
DSS is currently evaluating the Court’s Order of January 14, 2020, and believes that the
Court should reconsider its ruling. Pursuant to Local Rule 7-9, DSS expects to file a Motion for
Leave to File a Motion for Reconsideration outlining a “manifest failure [to] consider material
facts or dispositive legal arguments which were presented to the Court.” DSS will be prepared
to discuss the Court’s Order of January 14, 2020, at the Case Management Conference and its
proposal for moving forward.
Apple’s Position:
On January 14, 2020, the Court issued an order denying DSS’ motion to amend
infringement contentions and granting Apple’s cross-motion to strike DSS’ infringement
expert report, which means that DSS has no infringement theory left to advance at trial. Apple
already has moved for summary judgment of non-infringement on the ground that DSS would
have no basis to proceed on its infringement claim at trial if the Court denied DSS’ motion to
amend its infringement contentions and granted Apple’s motion to strike DSS’ infringement
expert report, which the Court now has done. Dkt. 264 at 25 (Apple motion); Dkt. 315 at 25
(DSS response); Dkt. 368 at 15 (Apple reply). DSS has not identified any legal or factual basis
that would allow it to proceed now that its infringement report has been struck and its motion
to amend its infringement contentions has been denied. Accordingly, if DSS does not stipulate
to judgment of non-infringement, Apple respectfully requests that the Court grant Apple’s
pending motion for summary judgment of non-infringement.
DSS says they will decide with their council on their options. Does that mean DSS might just walk being the judge would allow DSS to amend their infringement claims?
What do you mean exactly? That DSS expert witness report was no reliable?
So why do you think Apple was focused on disqualifying this experts report in particular? DSS can still call the guy to the stand
"granted Apple’s cross-motion to strike DSS’ infringement expert report."
Seems like this would be meaningful?
No clue
ORDER by Judge Haywood S. Gilliam, Jr. ON DSS'S 215 MOTION TO AMEND INFRINGEMENT CONTENTIONS AND APPLE'S 220 CROSS-MOTION TO STRIKE EXPERT REPORT. (This order grants in part and denies in part docket no. 213 , 219 , 231 , 233 , 246 ; denies docket no. 215 and grants docket no. 220 ). (ndrS, COURT STAFF) (Filed on 1/14/2020) (Entered: 01/14/2020)
WHEREAS, on January 10, 2020, the Parties submitted a stipulation to extend the
deadline for the Parties to submit a proposed joint set of jury instructions along with one-page
explanations as to disputed instructions, by one week, to January 21, 2020 (Dkt. 411) and the
Court granted that stipulation on January 13, 2020 (Dkt. 412);
WHEREAS, on January 14, 2020, the Court denied DSS’ motion to amend infringement
contentions and granted Apple’s cross-motion to strike DSS’ infringement expert report and set a
Further Case Management Conference for January 21, 2020 (Dkt. 413);
WHEREAS, the parties have met and conferred and agree that in light of the Court’s
January 14, 2020 Order and scheduling of the January 21, 2020 Further Case Management
Conference, the pretrial filings which are due on January 14 and 21, 2020, should be extended
until January 24, 2020, which is after the Further Case Management Conference;
So why was the stock up at all? this seems negative..
Seems its the first time the market is excited
ORDER by Judge Haywood S. Gilliam, Jr. Granting 411 Stipulation for Extension to Submit Joint Set of Proposed JuryInstructions. (ndrS, COURT STAFF) (Filed on 1/13/2020) (Entered: 01/13/2020)
And the market could care less
Judge moving ahead with jury procedures and the market could care less....
I'm gonna dip my toe in at .0005
Judge is holding that card close to the vest at the moment. Quite often that could take months...
I'm sure DSS would love to settle but apple would prefer to bankrupt them. Why should apple settle? They know they have 4-5 year to drag this out even if they lose. And apple knows at some point they will find a judge to over throw the guilty verdict. VHC stock price is half what they won against apple. Been two years since the victory. Apple still hasn't paid and they lost two appeals so far.
Case is moving to Trial and no one cares.....interesting
Filed today after market closed
WHEREAS, pursuant to the Civil Pretrial And Trial Standing Order For Cases Before
District Judge Haywood S. Gilliam, Jr., January 14, 2020 is the deadline for the Parties to submit
to the Court a proposed joint set of jury instructions along with one-page explanations as to
disputed instructions;
WHEREAS, the Parties have met and conferred and agreed to extend the deadline for the
Parties to submit a proposed joint set of jury instructions along with one-page explanations as to
disputed instructions, by one week, to January 21, 2020;
WHEREAS, good cause exists to permit this one-week extension of the deadline to
submit a proposed joint set of jury instructions along with one-page explanations as to disputed
instructions. The Parties have been engaged in meet and confers, in order to reduce the number
of disputed instructions and accompanying explanations. The additional week will allow the
Parties to continue to engage in this process and further reduce the number of disputed
instructions and accompanying explanations for submission to this Court; and
WHEREAS, the one-week extension of the deadline to submit a proposed joint set of jury
instructions along with one-page explanations as to disputed instructions will not alter the date of
any event or any deadline already set by this Court in this case.
IT IS SO STIPULATED
I got it written down.
Nothing is false, it's just at .001 SFOR is a 30 million dollar company. How much more do you imagine it's worth??
DSS is trading at 11 million and has $17 million in revenues. SFOR revenues? Less than 1 million. How does SFOR even afford rent? Much less salaries for the 3 clowns running the show
I'm basically saying SFOR is a .001-.002 stock on its best day
Even with those $$$$ SFOR is still vastly over valued......
I would imagine there are very few DSS speculators betting on this case.
History over the past 8 years has proven the big boys don't lose and when they lose they don't pay. Those are two very large hurdles to get over.
I'm invested in DSS, but it was more about Chan which has now flown out the window with his recent purchase of his own shell company for 1.8 million.
Lost all confidence in his motives. Only praying now.....lol
The big boys are good at just destroying the small guy through motions and costing them to spend money they obviously don't have. And it didn't help DSS just spent the 1.8 million they raised on Chan's shell company
I'm glad you understood this. Not being an attorney, I haven't a clue what these filings actually mean.
MOTION in Limine, Apple filed 5 yesterday. Looks like they are getting ready for trial end of February
What was the ultimate goal? free shot at Apple win? Don't forget SED is a public co. So money spent on DSS common doesn't go to Chan through SED. He can only siphon a portion back to himself.
Go look on stocktwits and see what we said. I doubt apple will settle. And agree the settlement with be concealed if there was one
I think it's from stocktwits. We commented on the case value
I didn't get it off stock twits although that site is amazing for filings. The are posted as soon they come up on the sec site. I usually just check the sec site. But it's probably easier I went to stock twits as you do
Its in the filing from monday
Probably cause shark tank would pay .001
Anyone notice the 7 million share option pool just priced at .29?
That's a hell of a lot of stock.
I agree DSS isn't getting any money for years if they happen to win. There will be multiple appeals over years just like VHC. If DSS and Apple settle then it's another story. DSS wants out of the patent litigation business so I'm sure they ar trying to settle by any means possible.
I love opposite opinions. I'm not a pumper. Bring all the negative views you want just leave the BS out.
Opinions exactly. I speak with DSS and I know how to read. Try the northern CA district court website.
Justlooking77777. I'm surprised the moderators haven't deleted you lying posts. Lol.
All I know is chan must have some news coming to explain DSS wasting 1.8 million on a passive investment. I will reach to DSS management and see what nonsense they have to say.
I don't see anything about him being a crook as well. He has been involved with DSS for nearly 3 years. He didn't just show up yesterday. But why in the world did the old management do a stock swap with SED years ago? Which set DSS up with the warrants. It's all very confusing unless something is being done to do business in china
Why spend the money now when DSS needs the capital to survive? And leverage to fight apple. But there is nothing to glean from this other than a possible negative. Or maybe there is some postive news to come next. The warrant was going to expire, but what was the benefit to DSS to exercise? Only thing I can imagine is DSS owning a certain percentage of SED grants them access to the Chinese market?? Other than that it only benefits SED, but how much of SED does chan own. It's a public co.
Seems like appeals have no limit. And do you really think Apple cares about interest on the balance? This is insane
https://www.wsj.com/articles/PR-CO-20191122-909879
Federal Appeals Court Issues Decision in Apple II Suit
Nov. 22, 2019 3:50 pm ET
Court Affirms Infringement with Respect to VPN-on-Demand Feature of 384 Million Units; Reverses with Respect to FaceTime Feature
ZEPHYR COVE, Nev., Nov. 22, 2019 /PRNewswire/ -- VirnetX(TM) Holding Corporation (NYSE AMERICAN: VHC), an Internet security software and technology company, announced today that the U.S. Court of Appeals for the Federal Circuit (the "Federal Circuit") has issued a decision in the Federal Circuit case titled "Appeal from the United States District Court for the Eastern District of Texas in Nos. 6:11-cv-00563-RWS, 6:12-cv-00855-RWS, Judge Robert Schroeder, III" (the "Apple II case"), affirming-in-part and reversing-in-part the judgment issued by the United States District Court for the Eastern District of Texas in this case.
The Federal Circuit affirmed the district court's ruling that Apple was precluded from challenging the validity of the asserted patents. Apple, the Court held, had unsuccessfully litigated the same issues in a previous case, and was barred from reprising those challenges. The Federal Circuit also affirmed the jury's finding that Apple's VPN-on-
Demand feature infringes U.S. Patent Nos. 6,502,135 and 7,490,151. The Federal Circuit reversed, however, the finding that Apple's FaceTime feature infringes U.S. Patent Nos. 7,418,504 and 7,921,211.
The Federal Circuit remanded to the district court for an assessment of whether a new trial was required on damages, given the reversal of the infringement finding as to FaceTime. The Court noted, however, that Apple had sold about 418 million units, including "over 384 million units having both FaceTime and VPN on Demand," and "34 million units having only FaceTime."
You mean Coons and Tillis
https://news.bloomberglaw.com/ip-law/ip-groups-developing-fresh-patent-eligibility-bill-proposal