Replies to post #1761 on DSS Inc (DSS)

[Hayschley10]

You are correct in that dismissing without prejudice means they can bring the suit again.

This is a very interesting strategy to say the least. This does however decrease the chances of the Markman Hearing being pushed back. I am very excited to hear the next time the company talks at the next conference call to hear what they have to say about their future plans.

[Chas1961]

Cooler,
I agree with everything in your post. I am actually relieved that this has occurred! Let me explain why.

1. FB/LNKD have hammered the judge for an extension (Which Bascom has not agreed to) on Judge Spero's timeline regarding two upcoming deadlines. They have relied on two points in their claim to reschedule: The biggest one I thought was the grouping of the Salesforce litigation into the two pending cases. The second piece was that there was new counsel and they "FB/LNKD" feel that due to their entry, more time was needed.

Surprisingly in their complaint (FB/LNKD) it was stated "BASCOM has refused to stipulate to the request".

It also stated: "Critically, the court should only have to conduct a single Markman proceeding, not two on the same patents a few months apart."

To me BASCOM is saying they are ready to probably proceed and that they are taking away the Salesforce obstacle. This is great news IMHO.

I also like the thought that Salesforce knows DSS/Bascom is coming for them at some point. I am almost willing to bet they settle this earlier, especially if Bascom has a successful Markman against FB/LNKD. Perhaps similar to the case that was never filed in their last 10Q. They absolutely know why this was pulled IMO.

The key and I will watch on PACER for any update is the scheduled 8/11 joint construction statement date. (Pat L.R. 4-3) Bascom has refused to agree to change. It now appears that FB/LNKD are stuck without a paddle. Although we don't know the plan, I would assume the same firm that created that Salesforce document is intimately familiar with the FB/LNKD litigation. I think this should take a lot of the uncertainty and move us back up to 75% 10/2 Markman vice the 30% I thought when they filed the new case. Be interested to see everyone's thoughts but to me this is very good news. GL

[Patentinvestor]

Cooler, Chas, great find and thank you for the legal interpretation. Maybe some others thought this was good news as we had about 5,000 shares purchased after hours pushing DSS to $1.73. 5,000 after hour shares for DSS is a lot as you well know.