DSS Inc (DSS)

[coolerheadsprevail]

New Docket Filing re: Salesforce filed on 8/1/13:

http://www.scribd.com/doc/158767643/Docket-13-Salesforce

credit to Chas for digging this up!

IMO, the critical takeaway from this brief filing is that Bascom is dismissing the case WITHOUT PREJUDICE, which -- according to three different paralegals (next best thing to actual attorneys!) who I have had review it all agree -- means that Bascom/DSS reserves the right to re-file the same suit again in the future w/o any restrictions or conditions.

Also, IMO, this is a strategic move by DSS to render impotent any risk of delaying the Markman hearing vs FB/LNKD as the issue of relating the Salesforce case is now moot.

IP Nav is not run by bumbling fools. Although the Salesforce suit was filed prior to the effective date of the merger, it is a virtual certainty that IP Nav had a lot of influence on the decision to file suit against Salesforce to begin with -- and it is highly improbable that this suit just coincidentally is getting dismissed at this specific point in time because IP Nav is sheepishly saying "Ooops, looks like the gig's up boys!"

No, if ever there were tea leaves to be read (and those who know me know that I detest tea leaves), this dismissal bears the hallmarks of a strategic chess move and not a waving of any white flag.

Not that I expect DSS to be able to comment on this specific matter, but I look forward more than ever now to the upcoming CC!