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An update and info on the Judge who has been assigned the case of Voip-Pal vs At&t Corp, in the California Northern District Court:
About Hon.Laurel Beeler: http://www.therobingroom.com/Judge.aspx?ID=1765
Noted for her intelligence, fairness, and as one reviewer notes, seems to show "the little guy" some preference over the corporate giant, ie - understands the struggle between David vs Goliath in a courtroom, and makes allowances for such. This bodes well for Voip-Pal.
Here is the status and docket, lest anyone doubt that the case(s) are, in fact, moving forward:
https://dockets.justia.com/docket/california/candce/3:2018cv06177/333272
Interesting opinions and views about today's manipulation on nothing but fear and speculation....
Meanwhile, there's This:
http://www.ipwatchdog.com/2018/09/20/uspto-substantially-revises-ptab-standard-operating-procedures/id=101542/
So, at long last, Director Iancu has laid out, precisely what he claimed to have interest in doing to change the PTAB from the dirty little agency in the pocket of the highest bidder - into the agency it was supposed to be - with fairness and transparency built into the process.
Maybe all the shaking out in wake of these announcements are players desperately trying to derail VPLM only moments before victory. Stay tuned.
All patents can be cancelled.
However, ALL patents haven't already received the most rigorous level of scrutiny and review, allowed by law - including on their "obviousness" as urged by the strongest team of lawyers that money can buy - Apple - and had that motion to cancel them on those merits DENIED.
Now we are awaiting a long overdue decision on Apple, as they grasp for straws, and ask for a rehearing based on their not so veiled insinuation that somehow tiny little, powerless VOIP PAL somehow had more power and sway with PTAB judges to get them to betray their oaths of office and be unduly influenced by what they call exparte communication. Nonsense.
Nonsense to the N'th degree.
I'll hold. I'll continue to gather. Thank you.
JMHO
This is FANTASTIC News.
In every patent case like this, it comes down to economic principles and pain. You have a valid patent - Goliath has your money. Goliath knows you're a little guy and likely won't just be able to outlast him.
So he pays, eventually, assuming you still exist. That same $$ years from now is worth less than the present value of the money today.
But if David keeps producing, gaining additional patents, child patents, adding to the eventual sum total - causing additional immediate resources to be diverted to fight new battles (as David's camp is betting on the come, not today's paycheck) ... causing additional bad press.... causing additional doubts that cost opportunity.
There is an accountant, in some room, doing the numbers. There is a CEO who becomes weary of the little costs along the way, and there is, one day, a pay-out, which is less than the face value of the patents, but more than was ever dreamed to be realized.
That day is coming. Play the dips with pocket change - hold a position that changes your life when that day comes. Just my opinion - do your own research - I've done mine.
No... this person, unlike many of those attorneys who are involved with the PTAB, feels that it is an ethical misstep, and a potential conflict of interest that might trigger an unfortunate scandal for her employer and clients to have the appearance of bias due to personal investments in any of the companies her firm may represent. She invests in other sectors.
I say INDUSTRY INSIDER - not an insider in this specific case - in other words, a top level patent attorney who regularly works with these precise types of matters, including against Apple - on a daily basis. Just for clarification.
Agreed - I spoke with an industry insider who has done extensive work on this level, on IP with Apple. It's their standard Modus Operandi. There's an offer forthcoming, IMHO - but not one moment sooner than Apple decides that their delay tactics are exhausted.
This day was inevitable. It's far from over, but there does come a point where a Judge cannot simply sit by and watch as another agency...another body of law - simply ignores a matter and fails to rule upon it in a timely fashion.
The matter is not that complicated. It truly isn't. If I had to lay a bet, I would say that someone in Apple's camp has paid off somebody within the PTAB to stall this matter as long as possible. Stalling as long as possible the day when they are forced into court and must reveal their source codes is their MO, from what I understand.
That day is getting gloriously close little Timmy. Gloriously close. IMHO
https://www.ptabwatch.com/2016/12/guidance-on-requesting-motions-for-sanctions/
So - what's the hold up here? Did I miss something? Is, or is not the PTAB an accountable, and authorized function of our Judicial System?
One would think, that a timely response to a seemingly simple issue would be a mandate. To simply ignore a request for sanctions, and allow a matter to linger, to the degree that a company loses well over half of the market gains and value tied to the result of the PTAB's final written decision is unjust, and unjustifiable by any reasonable measure.
The questions are quite simple. The answer is a mandate - or else - Why do we even have a PTAB?
New Director? Any thoughts?
There is a trial going on - and scheduled for 3/14. The stay has been lifted in the matter with Twitter, and is proceeding. Currently, the issue before the court is Twitter's request to change venue - and you can see on Pacer that they have been busy trying to demonstrate that Voip-Pal is not, actually, headquartered in Nevada. I'm sure they'd love a California court hearing the matter - Responses are due 3/14. Regardless of Apple Shenanagins. It's important for us to remember - the world does not live and die on what Apple does, or does not do.
Precisely -
Helpful resource for scanning progress and getting a feel for the "temperature" and trends at PTAB, as we watch the changes and events in VPLM's struggle to protect and enforce it's patents:
https://www.docketalarm.com/cases/PTAB/Decisions_and_Orders/
I'm seeing indisputable trends against requests for rehearings, and similar shenanagins on the part of big business infringers. The tides have turned. It's time that Apple, et al, accepts that and pays up. IMHO
UMMM ... Help me out here - what does anybody's guess and personal opinion of the trajectory of any stock have to do with somebody posting non-related stock services spam??? Seriously. There's plenty of noise on this board to begin with, with silly arguments over semantics. We don't need spammers.
That's a good question - and one, that I'm sure many have asked themselves. Many have kicked themselves for not selling, and buying back along the way. But the other side of that sword is that we really do not know what is about to happen. We can assume that Apple will delay - it's their M.O. However - Just last week, another lawsuit, not totally dissimilar to this one with a patent holder that Apple was infringing upon - got to the precise stage that we are in, currently - and did a license deal with them.
And their stock rose sharply - overnight.
So you don't really know - we can guess - but hindsight is always 20/20.
My plan, which has worked for me, is to gather, trade a bit along the way, and gather more. So far - all of my shares are "free" in the sense that I've made my investment back 100% or more, and am playing with "the house's" money. So it's all good. Enjoy the ride. That's my 2 cents.
IMHO This can only be seen as a good thing for Voip-Pal investors, and, frankly, the IP community at large. Part of Andre's appeal is that he seems to square nicely against the thuggery and big business corporate IP Mafia types that have, up until now, shaped the PTAB and IPR process into the hot mess that exists today.
That's a very good point, and a decent strategy on the part of Apple. Tommorrow's dollar is less expensive than today's dollar, because today, I can use that dollar that might, in all fairness, belong to the patent owner, to further my own business objectives.
We have some very strong wins here with VPLM that are guideposts, and signals that VPLM Could actually prevail in the end - but that road is far from over. Hence the share price - People are betting that there will be more opportunity, at even lower prices to get back in before this game is over.
IMHO Apple doesn't believe they'll win the sanction issue - HOWEVER - until it is decided, either way, their 63 days to file a notice of appeal to Federal District court is suspended. They are buying time. They'll file to appeal. You can bet your bottom dollar on that. And that process takes 13 months, approx. And it's expensive. They are trying to squeeze the little guy. They are betting they can squeeze him to death. I'm betting they can't. Holding - and gathering shares, me. That's what I'm doing.
I finally got the chance to see the really hilarious article on "Apple Insider".
Wow - seriously? This is silly, even by Tim Cook's "battery scheme and I thought I'd get away with it in Europe" standards.
The PTAB needs to give no explanation for a change of Justices, when it is revealed that the sitting Justices had previously REPRESENTED one of the parties. In any sane standard of practice, those Justices should have immediately recused themselves, and failed to do so. It was right and proper that they be removed. Nobody was swayed by "threats". I didn't see any "threats". I did, however, see gentle, literate and compelling reminders that our Judicial System should take a look at it's trajectory, and check themselves, lest they wander astray of the purpose of their position. How is that case-related exparte communications?
Silliness. All of it. Just a sad delay tactic. Embarrassing, really.
Thanks UP!
Hope so! It seems to follow that Friday - Tuesday pattern.
I can see there are joint status reports filed on all 3 of the cases - does anybody have access to Pacer to confirm if all parties are in agreement to lift the stay, in all 3 cases, or if there are any dissenters?
No - I spoke to my contact about VPLM specifically-
The IMMR news was just something that happened this morning, and I thought it was worth mentioning, with some important parallels, and perhaps a sign of a trend in the IPR/PTAB front.
Yes! And by the time I read your comment -up 45.32%. If you look at the 5 year chart, it tells the story of the shenanagins at the PTAB, and the plight of the small inventor...and, I believe, the day of reckoning has come for the Silicon Valley super powers who have, in my opinion, appeared to have purposely conspired to stack the board and use it for their own purposes since it's inception.
Ironically, that the power of information and communication - the stock and trade of Silicon Valley - would be the double edged sword that prevented their little dark back room dealings from going on, unchecked, indefinitely.
Hear Hear!
Awww... I'm blushing...virtually, of course
I would think, that while there are some aspects of the settlement that can remain private, if the respective BODs agree - for transparency to stock holders, at a bare minimum, the financial impact to both companies needs to be displayed on their balance sheet - would it not?
No lies - you can check my history here - Been here a long time, and have a consistent voice... This, in my humble opinion, is fueling up with jet fuel.
More on the Apple/IMMR scenario -
It would appear that one year ago, Apple was successful in getting an IPR instituted, challenging IMMR's patent on grounds of...wait for it..."unpatentability". Sound familiar?
https://seekingalpha.com/article/4037260-immersion-unexpected-good-news-expected-bad-news
It took the IPR process, and one year - and today they have a settlement. Apple doesn't always win.
I spoke with a DEEP Silicon Valley insider who happens to be a world class IP attorney, who has worked as a VP for Microsoft, Apple, and many other BIGS in the past. She was unaware of this case. It took her 3 minutes, looking at this legal team, the basic issues, and the fact that THIS level of attorneys are betting on contingency on this (So RARE in a case like this). She's super intrigued - if she's intrigued, Apple is in trouble. You can trust me on this.
We could be moments.... or longer, from a resolution - but, IMHO - boy is it coming.
Immersion settles with Apple, reaches license agreements Immersion Corp. (IMMR) said Monday it has entered into settlement and license deals with Apple Inc. (AAPL). Immersion, which develops touch feedback technology, had filed patent infringement lawsuits against Apple for technology used in iPhones and the trackpads used in MacBooks. Immersion said the terms of the agreements reached with Apple are confidential. The stock, which was still inactive in premarket trade, has tumbled 30% over the past 12 months, while the S&P 500 has gained 25%.
See - they do settle - They did so, just today.
I think the answer is extremely simple to "Why hasn't Apple bought Voip-Pal". Voip-Pal has no income. It is banking on the strength of it's patent portfolio to stay in the game, and cause top tier lawyers to bet on the come, rather than get paid on the dotted line. Apple is betting that it can, with superior staying power, eventually outlast tiny little David with a sling-shot. They are banking on the fact that one little shenanagin on the part of a BOD that the team of lawyers didn't know about could upset the fine balance of agreement and the top notch legal team could walk away.
That's a pretty decent bet....Until, of course, this lawsuit gets going in earnest, and Apple is forced to display the potential damages as a potential liability on their balance sheet - I believe we'll see some new approaches once that happens. IMHO
I hear that! It's a convoluted mess - but I believe, in the end justice will prevail. Thanks NYT
Saw that, huh?
I don't think I would count as an "insider" at least not in the sense of who Voip-Pal is today, but long ago - when Kipping was at the helm, I can assure you with 100% confidence, having sat at late night tables with the very people whom he directly conned and stole from - knowing these people intimately for years, knowing their hearts and character - Yes I can assure you, first hand, that Kipping is PRECISELY the devil he is being made out to be, and his selfishness and karma landed him in this broken little chair that recently got dropped by the airlines.
I have to agree with NYT here- There's no logical reason for a drop in price for Friday. I doubt we'll hear anything Friday - more likely, Monday. Or later. This isn't a crap shoot, it's a long game. Either the Judge will lift - (very likely, on precedent - however, each Judge varies in this regard) or he will not, and will await what happens with Apple's silly motion. Either way, nothing has happened that affects the long term viability, or not, of this stock. Not yet.
Ah, yes - now it's coming back to me... Cobwebs.
Thanks to all who pointed me back in the right direction.
Humor me... As an old timer here - I'm having Virtual Alzheimer Syndrome...VAS - where so much has happened, I can't remember the detail exactly.
Wasn't it Apple, that applied, many years ago, for one of the patents, and was rejected at the PTAB because Voip-Pal held the prior art?
Which patent was that? Was it in fact, Apple? Please be so kind as to jog my memory -any of those here smarter and younger than I with the records of this little forgotten detail....
There's a point to this: If in fact, it was Apple - and we stand here, years later, with Apple arguing that the technology was so obvious as to be unpatentable.... Why then, did they try to patent it? Are they in the habit of patenting the obvious? If they had, instead of Voip-Pal, been successful in patenting that technology, would they NOT, right now - currently - be enforcing all sorts of Licenses against the SAME parties Voip-Pal is suing? Would they have sought to patent a technology that they aren't even using? Unlikely. Therefore, the proof that they are infringing should, be "in the pudding", should it not? So to speak?
Yes - Agreed!
To Paraphrase the interaction between Apple's lawyers and VPLM's Response:
Apple: No Fair! This guy cheated! The Judges are big cheaters too, and we're not gonna play anymore! Hmmph.
VPLM: Well, Actually, there was no cheating. And here are the points and authorities to demonstrate that. And, pardon me, Your Honor - but, I don't believe that Apple was actually impuning your integrity - Or were they? Hmmm.
Apple: Yeah, But WE are supposed to have the advantage - We've been paying for that protection for YEAAAARS!!!
VPLM: Silence.
Or something to that effect.....
I like the way you think -
Now, as a thought - perhaps a few of those infringers a little further down on the list are offered a special "pre-settlement" license. Then the portfolio comes with some attachments, AND some income. Surely, at this point, there are a few of the other "Davids" out there, amongst the infringers, who can see the writing on the wall, and who would like to have an advantage set in stone before AAPL turns the tables on them....
The sky isn't falling. The PPS skyrocketed, with the help of brand new MMs who got into the game. It collapsed, similarly, for the same reasons. Apple has shown it's hand saying, "we're not ready to settle yet". So time is on the side of the investor. Patent Plays is correct, that this level is right sized for the current risk and urgency factors.
There are other stocks to play right now, and a predictable stall in forward momentum - solid enough of a guess to play money elsewhere. Those dollars will be watching VPLM and will return as we get closer to hearing dates or other significant developments. Right now, we wait. Can't blame those who actively trade for seeking different vehicles moving faster in the mean time.
All is well - and this is a solid opportunity IMHO for those who were kicking themselves for hesitating to accumulate, to have a second bite at that....Apple. (Sorry, couldn't resist).
Precisely. Thank you for pointing that out
Don't you get it? It doesn't matter if somebody else files another IPR. The lawsuit that has been instituted, and stayed by mutual consent, is set to resume January 28th. Against Apple. Voip-pal WILL petition the court to resume, irrespective of any other matters brought by any other parties - because it was a CLEAN SWEEP of everything the single most powerful company in the world and their entire team of highly paid lawyers had to throw at them.
The case with Virnex that you quote was not like this. There was not a clean sweep of EIGHT - virtually everything Apple could think of - involved.
And in addition - the rejection of the claims by United Patents to be instituted as an IPR. So you have the top tech company - and the TOP conglomeration of tech company patent defenses... Slayed, by tiny little Voip-Pal.
Oh we'll see more volume - higher prices - and a settlement. On that you can depend. JMHO