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Sunday, 03/14/2010 3:37:21 PM

Sunday, March 14, 2010 3:37:21 PM

Post# of 1707
There could be another reason for the extension. Merritt mentioned it in the conference call. What if one of those patents will be issued within the next few weeks?

Tom Carpenter - Hilliard Lyons

Bill, you had mentioned and you talked about this last fall, in the Nokia case, I guess there were four patents which all of those have been an issue in the Samsung case. You talked about filing continuation patents on those and possibly for the new patent that would buttress your position in the case. Is that going to help you with appeal or do you have to file a new case based on those new patent filings you made?

Bill Merritt

It can be both. On appeal, and I have seen this before, to the extent that the judge in a case made a certain interpretation of a patent, one of the extrinsic evidence you can bring up on appeal, because it is a matter of public record, is a follow-up action by the patent office which may be contrary to what the judge did and may evidence of the fact that maybe the judge got it wrong.

So you can use success, subsequent successes at the patent office upon appeal if you think that that strategically makes the most sense. Separately of course you can use those patents -- first and foremost, you use them back in licensing discussion, and what I can tell you, I mean I went through this first hand back when we had the Motorola case, and we had an adverse decision there, but we were able to go back to the patent office and get very strong patents and subsequent license, the majority of the market also, because it took away a lot of the questions that one sometimes exists with the brand new patent because it hasn’t been tested.

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