Thursday, August 04, 2011 8:54:10 PM
i agree the end result may depend upon the reasonableness of the respective claim construction arguments on appeal but believe that question is also leaning in gers favor if for no other reason than that prudent licensees are increasingly outnumbering infringers.
seems the question is not simply whether the infringers will settle or appeal but may well include a determination of whether they and their attorney want to appear before the court of appeals and make unreasonable and obstinate arguments why ... a [punitive] damage award should be set a side.
i may be naive but nonetheless remain optimistic that settlements will ensue.
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