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Replies to post #124418 on Voip Pal Com Inc (VPLM)
09/29/23 8:52 PM
Patent Requirements
The invention must be statutory (subject matter eligible)
The invention must be new.
The invention must be useful.
The invention must be non-obvious.
That just means you don't understand what I mean by junk. As I've repeated enough times that you should know if you paid att, I've said all along that the patents are valid. I've also made it clear, even today, that it's not my fault that some don't have the discernment skills to be able to seperate patent validity (legally) from patent viability in terms of need, efficacy, value, etc. There IS a major difference whether you realize or not. But aside from that and more importantly, and as I've said over and over, the patents are valid and so that's not really the issue to be resolved in the infringement trials. In fact, due to estoppel, no old claims that have been shot down, will be able to be brought up again anyway, which is really the only tangible positive of any positive IPR outcomes for vplm. I owe that knowledge to the only person on this board who was ever able to show any real or legal benefit for vplm in getting the positive IPR decisions they got. It's estoppel and now I can't remember for certain who gets that credit but I'm thinking it was maybe gbc. Sorry if I got that wrong. But back to the the infringement trial consideration, it won't be validity, it will be simply proving infringement.
While I haven't said so before, being the fair balanced reasonable and objective person I am, I can see it's possible that 1 or more voip companies may indeed have stolen or copied and used some part of some patent that's up for trial soon or later and if that happens it's also possible for some new challenge to the validities could be brought forth to the court or maybe it could even result in a monetary award.........but I doubt it.
What I think will happen is that there simply is little to no infringement going on. Or, I'm thinking it's also possible to show that while the patents are fully valid, that they functionally cannot deliver the job they promised. That could be due to a number of reasons, such as now outdated or incompatible with today's state of legacy. Or for any number ofn other possible technical reasons, which would render a different type of invalidity. Something new and not brought up before.
All I know for sure is that if I was an infringer and knew it, I would not be sitting on my thumbs waiting to hauled into court to get hit with triple damages. Plus lose the ability to sell my product. Or be forced into a huge settlement amount. So I'm not buying that vplm will fare well.
nyt
Re: None
Friday, September 29, 2023 2:50:44 PM
Post#
124408
of 124421
And the reason it never happens is because the patents are junk. And the litigants know it. Doesn't mean the patents are not valid, they most certainly are. It's not my fault that ppl cannot ever seem to grasp the concept, which is factual, that once a patent application is approved it's then a valid patent and remains so for it's life unless some court action deems it to be no longer valid. And most importantly, getting patent approval does not include anything in the realm of value, efficacy, need or future compatability, etc. Many here seem to think it does. No. And just because challenges to validity, an oft used tactic, fail, does not add ANYTHING to the patent in any way shape or form, beyond the fact nothing was lost or gained. 1000 IPR positive outcomes is no more beneficial legally, than 1 or zero. But at the same time the patents may very well not be capable of accomplishing what the company has hyped them up to be, ESPECIALLY with their oft used hyperbolic claims that every single voip service provider and user on the planet, are infringing. And that there is "no way to circumvent" that so called fact. And/or that according to vplms figures, models and templates, the total potential value, ONLY in infringement damages, is in the hundreds of billions of dollars and that is not counting all the other revenue creating abilities such described patents would have. Long ago I calculated it to easily surpass a total long term value of over a trillion dollars to the owner. Such claims are as ridiculous as they sound but not because it wouldn't be true IF the patents were capable of what the company has claimed, in terms of being foundational and completely necessary to the operation of voip services, which isn't true. Many service providers operate without any part of vplm patents and successfully so. Obviously, to anyone with a lick of common sense would instantly know that not every provider in the world went out and stole vplm patents or accidently came up with the same software and coding. There are, for example, other RBR systems out there that were in use before vplm patents and some of them are open source. I have even posted some of them years ago here. As usual no one paid any attention or cared. The blind beliebers just accept whatever they're told as gospel. I'd love to hear someone explain how Hudnell, regardless of how many added supers and extra titles preceding him, could possibly know beyond any shadow of doubt that the patents can do all they've been cracked up to do? Did he test them? Does he possess the official results of the alleged worldwide nodal testing that BOTH digi and vplm claimed to have done? And if he does, are said results were conclusive and exhaustive? And if so, why has he not said so and/or presented them to the shareholders?
I can answer that. It's not because the patents are useless and valueless. They have proved that ever since they were created. Actually, I shouldn't say valueless. They were of great value to the engineers who created them and took some $18 million, according to lord Emu... And they had a relatively small value to digi when they sold them to vplm. They also have been the underlying reason, INDIRECTLY, mind you and not due to any demonstrated ability, for the STORY that vplm has been selling for all these years. And the story worked! Because it professes to be the key to worldwide internet communications that cannot survive without it. And it worked because the monetary promises to shareholders were not thousands or tens of thousands or hundreds of thousands or millions or tens of millions or even hundreds of millions or even a few billion......but many many hundreds of billions of dollars all things considered. That was and is UNPRECEDENTED! WHAT OTHER STOCK, ESPECIALLY AN OTC PENNYSTOCK THAT HAS AVERAGED AROUND 2 CENTS FOR THE LAST CLOSE TO 20 YEARS? I'm sure the answer is none period. But all the promises and all the alleged super lawyers and platform upgrade and false promotions and promises along with all the rest above have been enough to do it's hook, line and sinker job to those who choose to believe or just don't know any better. But one lie after another. One unkempt promise after another. One unproven claim after another and one year after another and another and another and another, et al, has not fooled me.
AI
