Replies to post #49648 on Apple Inc (AAPL)

[langostino]

I commend you Altaire

seeking out resources! Only problem is, saying to a lawyer specializing in healthcare and administrative practice, "tell me about this complex patent litigation" isn't entirely unlike walking into a dermatologist's office to get an opinion on likelihood of success of a particular brain tumor operation.

For sure, asking a doctor is a far sight better than asking the average man on the street. But ... still not gonna get you where you'd like to go.

I suspect Tex will tell you patent law is a very specialized practice area, with its fair share of arcane complexities. I suspect he might tell you betting on jury verdicts is a fool's game - by their nature, juries are unpredictable. And he might tell you it's even more of a fool's errand to try and bet on a jury without having any idea how the respective legal teams might perform in the courtroom, what judge might preside over the case (and what bias or lean he or she might have), as well as what evidentiary rulings might or might not get handed down.

p.s. I'm still interested in the sources of your research and the link to where I can read the technology sharing agreements between Apple and Microsoft that you mentioned you reviewed.

[Tex]

re merits of the litigation

Hey Tex, your a lawyer what do you think about the litigation

The "old" MSFT would not have settled, even if the claims were good. The "new" MSFT will settle even if the claims are dubious because the settlement cost is trivial and the exposure is costlier (exposures include Linux fans saying MSFT tech also has overhanging patent issues, so MSFT products are no shield from infringement litigation; but of course also include the risk of surprise judgments). I really seriously don't think you can say anything about the merits of claims MSFT settles for less than half a billion bucks. They just don't notice spending less, I suspect.

So the question is, ignoring the settlement, what would I think. The answer is, I have not really researched the technology Burst.com claims should be its exclusive property. Consequently, I have no idea how likely infringement is.

Sorry I can't help more.

Take care,
--Tex.