Tuesday, June 04, 2024 12:16:11 AM
>> ... Did I miss a favorable 101 ruling by Albright in W TX on RBR?...<<
You did not miss a RBR/Alice ruling in WDTX Albright's court. Judge Albright did not even consider Alice so far. AMZN RBR trial has not started. Like the rest of dumb attorneys, they will regurgitate the old Alice issue when the trial begins.
By the way, Cellco partnership (DBA) VZ's reexamination of our MG patents talks again about Alice issue, pulled from NDCal Mantra since 2017-20. They could have saved time and $, by filing an IPR, instead of a reexamination request. The guilty tries all sorts of moves to escape but the exit door is closing fast.
Look to pay hefty damages, and heftier damage with willful ruling by the jury. Recall Justice Roberts words on "Punishment" besides reasonable royalties plus expenses, interest, allowed by law.
Ex parte Reexam of RBR patents examined among other things the rejection of certain claims due to Alice in 606 patent at the outset. The examiner agreed with our negative view of Alice, viz. the subject matter underlying our claims is not Abstract. Patents are valid. Our response was a beautiful expose.
Judge Brantley Starr in EDTX arrived at a similar conclusion; No Alice for MG patent. The smart attorneys at VZ and AMZN should get a lesson from Judge Starr and stop making the same mistakes. Between Judges Starr and Albright, Texas District Courts will help VPLM reap the rewards soon.
Filing 2 RBR lawsuits against VZ and TMUS so closely is the best strategy. "Strike while the iron is hot!" It conserves trial preparations, claim construction, discovery, etc. about 3 months per trial in Albright's court.
In NDCal the clueless one did not even conduct Claim Construction!!! Clueless and Arrogant. She used the DJ rule and eagerly pulled out our cases from WDTX. Wasted 3-4 years in NDCal.
Aside - a jury trial is much preferred rather than a settlement. No matter how much we wish, a buyout does not look feasible. Are there businesses with appropriate business model like QCOM to buy VPLM and integrate into their business? No matter how much some wish to know the damages. The company is not likely to reveal the amount. A wild guessing game: say VPLM's estimate is $10. The defendant's estimate could be 10 cents. The judge would arrive at a figure in accordance with the law: REASONABLE ROYALTIES WITH ATTORNEY EXPENSES AND INTEREST (word for word from the law.). Until that happens, investors need patience. jmo.
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