Saturday, November 13, 2021 12:43:50 PM
I will throw out a few things which are probably already thought of by many others or rather maybe not important to even consider any legal or even technical aspects but first I think you made an exact point and important reference that went right over my head. The possibilities of a climax for Intel as it relates to (Dr. Evgeniou = France = Scikit = upload).
A list of thoughts...Intel's ACE in the whole or last hope?... As for Judge Albright? I still have not grasped totally how Judge Albright and the PTAB inter-workings work together or in harmony. I wonder If Judge Albright and his assistant are giving Intel more time due to the complexity of these patents or a weakness in knowledge and complexity on their end meaning giving Intel an additional presentation or rather disposition straight from Dr. Evgeniou. Therefore, what I am seeing is the possibility of the Federal court pressuring Judge Albright just enough to possibly balancing the dismissal on a razor blade edge to the point that acceptance either way will not be challenged later especially knowing HDC is about done anyways.
I also have some doubts due weaknesses in continuing patent applications over the years and believe 11/842934 might provide that and that Dr. Evgeniou might focus on that coupled with the Scikit upload data or will he just explain the difference. Did he upload the data himself? Did he come up with his own data involving part of the Scikit data? Would his deposition be simple answers from predetermined questions? I gather he will simply shed light on the data and his involvement knowledge and possibly explain similarities and differences.
I personally feel Intel is liable for some damages but not the billions some have in mind. I mean we had no products. When do damages start? When you notify the other company or when you file a cease and desist? Can HDC collect damages from our first communications with Intel or only since the filing date of lawsuit?
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