>> ...If Alice Rule applies, why the Settlement Conference Call?... <<
Settlement in NDCal is not the same as that is progressing in Waco.
In Waco, we went through claim construction, definition of terms, Markman hearing, Discovery and deposing VPLM personnel including the CEO, original code check, followed by the Experts Discovery that ended last February. Next step was to schedule the trial. Then we got the news of "settlement" talks and BOTH PARTIES needed 45 days to work out a settlement. This discussion is for the Mobile Gateway patents. It is not clear if it includes RBR 606 patent. This is a typical settlement talk.
In NDCal, both GOOG and META escaped Waco hearing and switched the venue to NDCal where the local rules encourage the use of Alice law to dismiss patent cases. No claim construction or Markman hearing, etc.
They filed an IPR with PTAB trying to negate the MG patent claims. Since they took an Expert with them, PTAB automatically "instituted". The hearing will be this summer and tehy will announce their decision sometime early next year Jan-Mar 2024. Having won several IPR's (20-0), VPLM is confident of winning again.
META and GOOG not only filed an IPR, they also filed petitions in Donato's court, citing Alice law to dismiss MG patent claims. Judge Donato asked all parties to consolidate Alice complaints and invited to a settlement conference. It is not the same type of settlement conference like we have in Waco. Obviously VPLM responded with a strong opposing argument to NDCal defendants' Alice law filings. In addition, VPLM brought an expert witness with them. NDCal's local rules for insist Alice law use on patent cases so that their courts improve the case load in their courts. Weird! VPLM dealt with a clueless or arrogant judge before on two RBR patents and this woman used a Declaratory Judgement (AAPL et al) to bring the 606 RBR patent case from Waco to NDCal and dismissed, although she allowed a month of ADR (Alternat Dispute Resolution) discussion between parties and ended.
VPLM has to respond to NDCal's clueless courts and safeguard our Intellectual Property interest against the Silicon Valley infringers. All VPLM needs now is a successful finalization of AMZN settlement conference. Just one win to validate MG patent claims and blow off Alice law shenanigans of NDCal court local rules and Silicon Valley infringers.
