For the record I never said to sell...
This is certainly not a death knell for MaxSound and of course there is still a chance that the court will decide not to grant the motion to dismiss. It appears to be a "hail mary" by Google, albeit a very well thrown ball by their legal team.
Basically Google's attorneys said that if MaxSound has any claim, it would be against VSL for breach of contract, and potentially against Google for trade secrets, but not patent infringement. If you read MaxSound's response, it appears that the creator of the technology (whose name escapes me) basically jerked MaxSound around by creating all sorts of different companies that claimed to have the rights to the patent, etc.
More importantly, however, this does not appear to have any bearing on the ongoing court case in Germany, which has been allowed to proceed. A favorable ruling there might bring Google to the table in the US...and if not, a favorable ruling there should create a small pop in the stock price regardless for those who wish to exit their positions.
I am trying my best to provide unbiased information -- a rare commodity on many message boards. I find it difficult to believe that MaxSound's attorneys would not have vetted this more thoroughly with regards to chain of ownership of the patent, but they apparently strongly believe that as a licensee of the technology, they have the right to bring a lawsuit, and that VSL/Vedanti are essentially the same entity via alter-ego claims. Clearly Google disagrees, and my only point in posting this info was that bad on the motions I thought Google's attorneys made the better argument, asking for the moon but also providing a sufficient explanation for why a stay in the case would suffice with regards to damages...
We'll see how it all plays out. I'm not selling my shares but it shows that Google is not going to go down without swinging for the fences.
