Friday, March 11, 2022 8:27:22 PM
I realize the IPR process was relatively new at the onset of this case, but at the time the MSFT case was filed you surely had to anticipate their strategy to delay and file for an IPR. In order to defend a patent lawsuit the entire game plan is to delay, delay and delay to bleed the smaller company out. Over time, laws change (as they did here) and the wind blows in a different direction. Timing and momentum has a lot to do with these type of cases. If this case moved through the Courts BEFORE Alice 101, became law, you had a winner on your hands.
Unfortunately, Alice 101 and IPR reviews worked their way into the patent landscape, in my opinion, to specifically diminish and erode intellectual property rights and patents. No doubt, technology is the future and big companies like Facebook, Google and Apple don't want to be bogged down in the Courts paying for patents. Their power and influence buys a lot of political power and the field gets tilted in their favor.
Perhaps you were counting on a win in MA and were blindsided by the 101 decision, as were many? Maybe you wanted to get an early start on the process in TX since we all know it is a slow and timely process?
So I guess now the new path is to abandon the patent enforcement route and head in a new direction?
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