Wow I think I read the same paragraph like 6 times over here. I have a couple words to refute all of this... the stats are heavily out of favor for what you just presented. If the odds were so heavily in the defendant’s favor. Why do 96% of these cases settle before there is ever even a trial. Also, you said “the defendant has a good hand to play”. What hand are you referring to? The defendant’s representation has been decimated at all levels of court including the PTAB which is the tech giants’ major line of defense in most cases against patent lawsuits. They failed miserably 8 times over in the PTAB with these three patents. They failed with appeal after appeal. Looks like the defendant doesn’t have a leg to stand on yet you claim they have a good hand. So please do tell what hand your referring too.
Excellent post....it reveals what the future could bring...your post was not a bash....its reality as much as us'en folks don't want to hear it these things could happen.