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Re: Recentiy03 post# 565

Wednesday, 07/24/2013 1:06:27 PM

Wednesday, July 24, 2013 1:06:27 PM

Post# of 2666

New post on EDVA's Patent Blog

BCYP Update : Wednesday July 24, 2013
by edvapatent
I have received several queries asking what it means that the sides in this case are asking for additional time despite being told no extensions would be allowed. I have discussed this at length with my partners and we continue to believe that the parties to this action have asked for additional time to file these critical filings because they are trying to figure a way out of this lawsuit that satisfies everyone and winds up being strategically meaningful for both. It is likely that the Judge is quite aware (if one is indeed being worked out) that a settlement is in the works but must accordingly confine those discussions in the context of a timeframe that does not unduly impede the court's schedule. We cannot fathom another reason for this when combined with the hiring of a new PR Agency and the awkward shoehorning of the term "Quiet Period" by the company in response to a fairly innocuous query.

Importantly, unlike some of the other cases we have covered, where the patent lives are shorter (remember some of these patents are good until the early 2030's) and the defendants have enough money to litigate, either for a long time or at least for some time, there exists good reason in this case for the sides to try to reach a settlement, just as there does with other defendants relative to these same patents i.e Groupon, Mylikes, Yelp, Foursquare, Izea.




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