Thursday, March 12, 2020 1:43:15 PM
All options are on the table. A rehearing, Writ and filing a new wave of lawsuits.
We know how the USPTO views the offer letter with consideration of Plumtree. Both Court's failed to take this into consideration. I bet this is why there's been no celebratory PR from ICM or other defendants.
Proceed with our remaining options and bring on new lawsuits. What will be their defense? It won't be that the USPTO was deceived. They can't defeat the Plumtree argument. The USPTO rejected the Prevost 15% defense. There's nothing left...
Assert the remaining method 1 patents in a new lawsuit and not just the '369 application.
Also, method 2, which the industry desperately needs right now, is a completely different method independent from the 858, 516, 517 and 484 patents.
Good Luck To All!$!$
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