Based on my review of the briefs, it's a pretty close call. DSS did open an office in the district, although it is pretty clear that they did so in part to help with these type of jurisdictional issues. Texas has an interest in keeping the cases that it can in the district, and I am hoping that the judge will continue to delay issuing a ruling so that we can at least get to the markman. At some point, apple may file a writ of mandamus with the appellate court asking it to direct the district court to issue it's decision. And of course apple would have the right to appeal an adverse decision. But given the apparent strength of the patents (as was reported at the time the lawsuit was announced), and the fact that they deal with hardware and not software, this case is just as important, if not more so, than FB/LNKD.
And don't forget Coupons! I have said it before and will say it again, if we get past SJ the case will settle. Look at Coupons stock price recently. It cannot afford the negative press which would result if DSS is awarded a large damages amount (by a jury in its hometown), nor could it afford to actually pay such amount. And for DSS, any multi-million dollar settlement would be a real shot in the arm (can fund the patent cases going forward and remove the dilution and financing risk hanging over the stock).
FB/LNKD hearing should be wrapping up. Anyone on pacer watch?
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