woops:
I find this entire case disturbing. I find the last eight years disturbing. I find no Markman disturbing. I find the possibility of the government and industry colluding to suppress the patent disturbing. It is what it is. And all the jockeying and motions and counter-motions still don't mean much. This is a jury trial (unless Payne gives a summary judgment in favor of TM). Jury trials are always wild cards in civil actions. He said, she said. I was involved in a civil trial in which the defendant was guilty as sin and the jury found for him. They were clearly angry at having been selected and then seated for two weeks having to stare at incomprehensible medical evidence and they took it out on the plaintiff. You just never know. Our lawyers better realize this when the technobabble begins in court. It's a case of TM stealing our stuff, not determining the cosine of the angle of dissipation resolution across an alternative phase-discriminative sub-space communicator.
From what I've seen of the judge's rulings so far, I can't say I see any prejudice on his part. Denying CLYW access to all the emails of 26 TM employees does not seem out of line. Payne appears to be a no-nonsense type and appears to be reigning-in extraneous stuff and esp. the way Daic goes galloping off in all directions at the same time. That worked against us shareholders when he was allegedly trying to steal the company. Now that things have changed, the court seems to be saying 'enough.'
A lot of people on this board are already trying to figure-out how to dodge the new capital gains taxes on the riches they expect to win in court. I think we have a better than even chance of winning, but there are far too many factors beyond our control -- even beyond our sight -- to consider. This trial comes down to three things: jury, jury, and jury. Judges hate to grant summary judgments and directed verdicts as these leave them wide-open to appeals that may make them look like schmucks.
Soon the judge will likely seal the rest of what is going on and degree of paranoia will spike for us. We have the facts and a rapacious litigation team on our side. TM has great bags of money and an urgent need to squelch our patent for their defense. Time will tell.
