This is really silly. They also left out the fact that every "victory" on patents has succeeded in lowering the PPS. At least they feel they have to acknowledge the Markman's impact on anything they do going forward.
Here's my favorite part - which posters look to in order to claim DM is still an active participant in the drama. (Again, overlooking the fact that everything they have done has lowered the PPS).
"Our legal firm Duane Morris is handling some of our patent enforcement matters and certain related appeals on our Flash-R patent portfolio on a contingent fee basis. Duane Morris also has agreed to advance certain costs and expenses including travel expenses, court costs and expert fees. We have agreed to pay Duane Morris a fee equal to 40% of any license or litigation recovery related to patent enforcement matters, after recovery of expenses, and 50% of recovery if appeal is necessary. "
They are "handling SOME of our . . . matters." What does that mean? EDIG is having conversations with them? DM is giving advice? And not on ALL matters, just SOME? Which ones?
" . . . and certain related appeals . . . " - I'd love to know what appeals. (Please don't ask me to email Fred.) There are NO appeals available in the court system at this point unless there is litigation which is not final somewhere. Maybe I'm completely losing it but haven't all the CO cases been finalized one way or the other? If there is one that doesn't have a final judgment or settlement then DM would have 30 days from the date of finality to file an appeal and cite alleged Markman errors as the basis of any such appeal. I can't remember any that are not final. So what appeals are they talking about? And if they were planning to appeal that Markman they would probably have about as much success as in the original Markman case, which they lost.
Are there administrative appeals in the USPTO process pending? And is DM counsel of record in those matters?
When I see some real action from DM in the form of a filing of some sort then I will deem "handling" to mean "litigating."
Oh, aside from this issue it was a truly great 10-Q - they are knocking it out of the park on licensing, EVU sales (are they kidding us? EVU?) and all other areas of revenue.
LL
