Excellent post & all pretty well put. I agree w/everything said... However I must add or more accurately emphasize something you said as being far more important than it appears. You stated:
"I don't see any licensing deals happening on
technical merit of the patents, or those licensing deals would have happened already."
I find that grossly understated only because of the fact that simply projecting & applying that fact to the whole, lends to it a FOUNDATIONAL status upon which all the possibilities should be judged, not just "no licenses". In other words, if it's a true statement of fact, which both you & I agree it is.......then it immediately and intrinsically takes on a foundational status. What does the rest matter IF THE PATENTS TECHNICAL MERIT ISNT ENOUGH TO GENERATE A LICENSING? Such would extend to an outright purchase or a settlement, would it not? I also find it interesting that you say this in the face of the apparent upholding of all the technical merits by the PTAB. Allegedly, there were 125 such meritorious upholdings, but that is not so because there were many duplicates. Nevertheless, whatever the number, they were upheld by the board. So I wonder if you mean IN SPITE OF THAT or if you mean you don't necessarily agree with those merits upheld? Please let me know which as that makes a difference. Personally, I can't help but question the honesty of their merit rulings based on the level of past corruption & misbehavior shown by the board on numerous occasions and likely far more deep & widespread than has heretofore been revealed. If they "stack" panels, then I have no problem seeing them skewing decisions. I only read a small portion of the alleged merits language and I didnt find it convincing, but I'm not one to judge that language as it gives me a headache trying to weave thru it.
I also cannot see how the merits being upheld or not, speak clearly to infringe or not. What is your take on that? There are opinions being thrown around that say due to that trial (ptab) infringement was clearly and indisputably decided. No way, I say. What say you about that?
