Voip Pal Com Inc (VPLM)

[GreenBackClub]

Can I assume you have set eyes on these documents? This is a big revelation. Like you said, it’s all over.

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Yes. These documents are available to the public on PacerMonitor (must pay for them) for everyone to see.

Look at the exhibits in the Inequitable Conduct motion by Tmobile where source code is requested by the defendant. Presumably a request has or will be made by VPLM for defendant's source code (though it may be done under an NDA).

The takeaway is that we are now in the discovery phase of litigation where SOURCE CODE is being requested. This is where infringement can be pinpointed. IF it is pinpointed and the defendants are found to be infringing then it is up to defendant(s) counsel to recommend settlement or to push onto trial for the jury to decide (and risk treble damages).

A source code request is a major milestone in patent litigation that cannot be taken lightly by either party.

In addition to being protectable via copyright, source code can also be protected as a trade secret. Trade secret = Information that is not known by others outside of the owner, has independent economic value independent of its secrecy, and for which the owner has taken reasonable measures to keep secret.

All the more incentive for a defendant to settle BEFORE they have to hand over source code and before trial starts.