Wednesday, December 13, 2023 12:10:52 PM
In the original response Intel provided they stated that they did not use SVM-RFE so did not need a license. It is easy to prove something exists, but impossible to prove something does not exist. It was clear based on the evidence in the original lawsuit that in the past Intel has run the SVM-RFE algorithm. It was not clear if the algorithm ever made it into any Intel products. It is likely the settlement amount is what Intel offered and HDVY accepted, rather than what HDVY wanted. It is also likely that during discovery HDVY was not able to identify any Intel products that infringe the patent. This is not to say such products don't exist, just that HDVY was unable to prove such a product exists. It is likely the Intel payment is for past use of the algorithm, which was proven. It is unlikely the payment is meant to cover Intel usage of the patent in current or future shipping products.
Merry Christmas, and Happy Holidays to all! May 2024 bring us all happiness.
Alan
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