Boogie
You know I have had the same thoughts lately, but in the long run it is probably better to settle and move forward. If I thought that Ericy was the only crooked company, then I would say bury them. However, I cannot think of one of the wireless companies, except Sharp, that has not been in on this gang bang of IDCC. It is probably much better to end it with Nok and Samsung waiting on the results. I know one thing, the so called strategic partnerships do not seem to work the other side of the Atlantic.
I am very comfortable with a decision to go to trial. I think that the judge knows a snake when she sees one and will not allow Ericy to abuse and confuse on her watch. If you can overcome their hired professional witnesses, they are absolute toast. We know that employees of Ericy and Swedish Telephone offered their opinions regarding validity and essentiality. We know that the USPTO has ruled on validity twice on some of the claims. It would take a big leap to believe some hired gun paid by Ericy to offer his opinion of invalidity in the face of the present facts. When the jury discovers how much Mr. Cox has received from Ericy, they could really turn against Ericy. We have already seen the hammering of the legal expert with regard to infringement. The answer that he gives oral written opinions if they involve infringement rather than non-infringement which he provides in writing is priceless. First of all you cannot give an oral written opinion and second of all any patents on which he has not provided a written opinion can now be interpreted by the jury that he previously orally expressed his belief that the Ericy products do infringe.
MO
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