Putting words in my keyboard again? When did I ever say there would be no settlement soon? You may feel that way, but that is no surprise. I only wrote that it made no sense for DECN to attend a mediation because as victor in the pleadings this time last time, all the time... and again, now that the pleadings are over, why agree to attend a circus where all that would be accomplished would be to compromise their already strong position. Penny traders want any newsworthy outcome, but it is not to my knowledge DECN's business model to turn chicken salad into chicken pupe.
Mediations, a favorite in Federal Courts, is only effective when an outcome is undecided. This outcome was decided three months ago with the final USPTO ruling. The more recent Markman ruling, which was predicted August 22 within minutes of the end of that hearing, is icing on the cake and proves that J&J never had a patent infringement case to begin with.
I am afraid some are just going to have to find another reason to trash management. They are doing a great job, and doing nothing at this moment is in itself doing a great job. Does a mousetrap ever chase a mouse?
DECN should make it clear they are awaiting an offer. They would be best served to quickly file their motions, notice their Discovery, and borrow a bunch of money from a Plaintiff litigation fund. If you want to convey a message that you mean business, then show it.
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