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Re: coolerheadsprevail post# 32665

Wednesday, 04/24/2013 11:03:45 AM

Wednesday, April 24, 2013 11:03:45 AM

Post# of 68424

As such, whether any resolution will come shortly after JJ rules on 822 or whether it will be dragged out for another 12-18 months via appeals, there will be only 3 possible outcomes:



You are assuming appeals but that's all it is. Microsoft acknowledges they are infringing and to me Google's ruse of "work around" indicates a change in strategy. I don't think they will appeal but we will see if this is correct.

To correct something here that perhaps got lost in translation. If Microsoft acquires the patents or the company (same effect) Google's infringement is against a direct competitor. I don't know where you got this idea of a completely new lawsuit all I am suggesting is a willful infringer against a practising entity is different that what we have here with VRNG. See MSTF v i4i where the judge asked MSFT to change their code or risk removal of the product from the shelves.

Further

The only way MSFT could even try to do anything to GOOG would be to IMMEDIATELY (1) acquire the patents and convince VRNG to drop the entire suit ASAP, or (2) buyout all of VRNG and make the decision themselves to drop the entire suit ASAP.



Under this scenario Vrng would not have to be convinced to drop the suit since they would not own the patents. How could they continue a suit for something they did not own?

I also disagree with this analysis:

After dropping the suit, file a brand new suit, this time alleging willfulness. Now MSFT needs to take a number and get in the back of the line again to get scheduled for another Markman hearing and then go thru the entire damn trial all over again.



You don't need an entire new suit. Willfulness is not an allegation it is a fact at this point. The patents are already deemed to be valid and infringed upon and if they were owned by a practicing entity which MSFT is they don't need to sue for validity only enforcement for willful infringement and whatever remedy the courts deem from that perspective.

It is all speculation but so are your timelines and what you think might happen. We will find out soon enough so no need for back and forth I am right/your wrong posts. Just sit back relax and watch what happens.