Saturday, June 07, 2008 5:43:55 PM
"...If Quanta wins as I understand it we may not be able to approach these downstream users as infringers, and our only recourse would be to sue manufacturers..."
moxa, why is this such a big deal? This has been discussed time and time again. If PTSC/TPL end up negotiating with, or having to sue only manufacturers, the license fees will be proportionately larger than previous signings to compensate. Do you think the manufacturers would rather litigate than pay a bigger fee? Maybe they would, but with the Markman and the hoped for positive USPTO re-exam results, do you think anyone's looking forward to prosecution and perhaps paying three times as much in damages as they would paying a license fee, albeit larger to compensate for all the other missed opportunities downstream? This is what ehwest keeps missing, or refusing to address, on RB and the Yahoo Group board.
Anyway, GLT you and other longs.
moxa, why is this such a big deal? This has been discussed time and time again. If PTSC/TPL end up negotiating with, or having to sue only manufacturers, the license fees will be proportionately larger than previous signings to compensate. Do you think the manufacturers would rather litigate than pay a bigger fee? Maybe they would, but with the Markman and the hoped for positive USPTO re-exam results, do you think anyone's looking forward to prosecution and perhaps paying three times as much in damages as they would paying a license fee, albeit larger to compensate for all the other missed opportunities downstream? This is what ehwest keeps missing, or refusing to address, on RB and the Yahoo Group board.
Anyway, GLT you and other longs.
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