You only need 1 patent infringed to win. You dont win 3x as much with 3 patents infringed. The only reason, IMO, to appeal those claims they lost, is that patent applies more to Cisco than the other patents do. If you have to appeal, its better to do it up front, than after a loss at trial and then going to the CAFC. More I think about it, while we are waiting for the Cable 13 trial in December, why not clean up the loose ends, in case they have to deal with Cisco down the road. Yes, patents are either all good or invalid, no middle ground.
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