I've done a little research on this non-final PTO issue, with regard to Stout's previous litigation win against RIMM, which also started in the Eastern District of Virginia. NTP won that case very similarly to the one being played out right now, but RIMM appealed the verdict and here's what happened during the appeals process:
NTP was dealing with non-final PTO rejections in their case against RIMM during the final three months before settlement, although the circumstances were slightly different at the time. Despite the non-final PTO rejections of their patents, the judge was planning to continue forward with his ruling and, if NTP won, they planned to order a cease-and-desist of the specific e-mail technology RIMM was using (affecting millions of people worldwide). As they approached this damages hearing, a settlement was reached.
Based on this timeline, the non-final rejections were just a settlement pawn between these two companies and it didn't stop the case from proceeding to its final verdict. As long as VRNG can get the information sealed from the jury, Google will once again fail to slow things down in their favor. And because of this conclusion, I will continue holding my October calls at a loss - a settlement will eventually come IMO. If not before the trial, then during. Google will not risk losing $1-2 billion dollars in damages awarded to VRNG, nor can they risk VRNG ordering a cease-and-desist against the technologies that Google infringes on.
If I'm VRNG, I make that point loud and clear - 'we don't care about future royalties, we want to send a message to companies that infringe on our patents. If you want to take this to a verdict, prepare to stop using your technologies when we win.'
