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Boxsterfan

12/03/21 5:54 PM

#16558 RE: adognamedcharlie #16557

Here are some thoughts:

1. Clayton Scott certainly puts Evgeniou in his place. Very succinct answers and the final part showing how using Hocking (or was it Boser) equations vs Evgeniou's analysis came up with different answers was the hammer hitting the proverbial nail.

2. Sometimes, you can find some wonderful nuggets in the older filings.For example, HDVY's response to Intel's Motion to Dismiss contains this beauty:

"Discovery will show that, as it is a matter of public record, Intel, itself, argued and overcame a Section 101 rejection during the prosecution of its own patent, that was later copied by HDC to provoke the Interference."


So understand that Intel is trying to invalidate SVM-RFE under Section 101 when they previously had argued the opposite to obtain their '077 patent with the USPTO. Again, kaboooooooommmmm!!!

3. As far as settlement amount, it is still unknown to me. What is the proper royalty rate? I've been down this path and keep coming up with a number between $800M to as high as $2.2B depending on the rate. I can only wonder what number HDVY is asking for? And what royalty rate have they been asking for in the past when they approached Intel for licensing?