I'm not aware that law firms have cost modeling software. I worked for the 800-lb. gorilla of IP firms and other IP firms. While at the former, we were on the fringe edges of a huge litigation case, and I worked up the rough analysis based on earning reports obtained thru discovery from the defendant by compiling and crunching a lot of numbers in Excel. When/if it becomes necessary, they bring in the experts for the final numbers they demand.
I've seen a lot of speculation both ways here, most of which is baseless, as well as what looks like impressive legal mumbo-jumbo blogs that say nothing substantive about this case, but merely describe the law and its potential or real application.
What I haven't seen yet is the claim charts ... exactly how Activision is allegedly infringing on the claims of World's patents.
Nonetheless, I'm in on the gamble that Sussman has had numerous infringement opinions done by patent attorneys which were favorable, they already know their strategy, and I believe they believe they can win.
There are patent trolls out there who sue all the time hoping to get an award. What impressed me about this case, and the reason I bought in, is because the patents at issue weren't passed around. World has had them from Day 1. I checked the Assignment database at the US Parent and Trademark Office, telling me they're not just another patent troll.
Next, we wait to see if Markman concurs with the infringement opinions Sussman undoubtedly paid another IP firm thousands for (they're not cheap).
