Wednesday, March 06, 2019 3:24:54 PM
Wrong. You don't go from ALICE to "you're guilty, give me money" That's just the gatekeeper decision, if found against VPLM, case is totally dead. If in favor of VPLM, they still have to go to court, discovery, then trial to try to prove infringement (which has NEVER been proven), a handful of appeals, on and on, see you in 10 years if VPLM doesn't outright lose before then.
Spend a few minutes reading the court transcripts that have been posted. The judge even challenged VPLM that she doesn't like vague "I need discovery to see what's infringing" claims. That's ridiculous stuff and will probably get them tossed out of court if it continues. But goes right along with VPLM's claims all along that they basically own VoIP and everyone on earth is infringing upon their IP so they're all guity and owe us trillions of dollars. Which is ludicrous.
You're drawing the wrong conclusion about infringement as one thing does not prove the other.
This is how they defend against patent trolls. Step 1: try to get the patents completely invalidated. If so, everything else ends, dead in the water. It's the quickest, easiest, and cheapest way to stop the trolls. If not, proceed to court where there's ALICE, discovery, trial, appeals, and probably 10 years of legal mumbo jumbo hoops to jump through over and over and over.
Again, incorrect conclusion. One does not prove the other.
Even if PTAB upholds the patents (which is still undecided) that doesn't prove infringement. That's not at all how things work.
So, in conclusion this is what VPLM has.
* Some patents that are still hanging in the balance with PTAB. They could still be invalidated.
* A court case that's just begun and in the ALICE phase. They could still be invalidated at this step, and most are.
* No infringement ever proven.
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