losma,
Iain had stated that the EU dispute was unexpected. I take him at his word. That said, a win in the EU solidifies Neom's position and strengthens the company.
The EU initiative has been identified as having a number of companies orchestrating the challenge, meaning that numerous entities (how numerous we do not yet know) are interested in this effort.
While the new EU challenge plays as another delay that none of us wanted, in my mind it represents a valuable and powerful mechanism for locking in Neom's role in this space.
Iain has stated they anticipate 'coming out the other side.' From somebody who speaks nothing about anything I simply take that as a highly reassuring nod that this is a walk through a similar process to that of the US dispute. It also reassures me of the inherent value of the indirect method over direct. The fact that numerous entities are actively challenging them after a win in the states, tells me those companies feel a strong need to use Neom's technology.
Most on iHub have also seen me mention previously that I consider the patent challenge as a good business decision. Any competitor of Neom's should want to challenge the core patent in an industry that has not yet been born. This represents nearly all the marbles and if the patents are solid they will hold up. If they are unfounded there is no need to pay a toll for each transaction. Again, makes excellent business sense to me.
I should also state that, like Iain, I personally feel Neom will come out the other side. Why?...For one reason, in the US dispute, while several specific competing patents were referenced, I personally anticipate both sets of attorneys would have performed an international patent search to identify any other potential instances of prior art (Neom's attys would have wanted to prepare in advance for any additional surprises). To me this should have been the first step in addressing the US patent issue (JMO).
I feel quite confident this was done (would find it ridiculous if it weren't...on the part of both sides). Thus, IMO Iain & company are likely already familiar with the artwork they were challenged with in the EU.
In the event the above doesn't hold water, I might presume the USPTO would have performed an international search (any patent attorneys on this site who can attest to this??).
I then further fall back on the odds, and the process involved in securing patents. Neom has been awarded a sizable number of patents (all of which they can exercise individually even if the core patent failed the test...not ideal, but an alternative). Yes, there is always a possibility they were issued in error, however, IMO the odds favor the fact that the patents were issued in more than one country. What are the odds of an incorrect award in two countries...and, what are the odds that if a patent is challenged and won in one country that it will fail in another?
I simply feel confident that Neom will win and we will all be rewarded.
Your Honor, I rest my case ;)
Best,
Be Confident
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