95% of patent infringing cases are settled before going to court. In the recent days there is a motion for summary judgement by both side that was brought before the judge. In my opinion this case will be settled before going to trial. Today was fun to watch, it would be nice if it keeps up.
"If they win in court, you can count on years of appeals, thus more of the same behavior."
I wonder why the defendants wanted an appeal in the first place? Seems to me they know they lost so they tried to yank the rug out from under the judge. Otherwise, if they were winning, why would they want to appeal?
The balance of harms test leans heavily in GERS favor. You're assuming injunctions would be stayed upon appeal which just isn't a certainty.
Why would they appeal anyway? What would be the reason? Things have unfolded so careful, granting an appeal looks very unlikely, IMO.
I don't see years more of infringing with a court ordered win. That would be much more liability than it's worth.
Even if there were a few hold-outs, there would be many fence sitters joining the GERS bandwagon. I think the writings on the wall and the wagons filling up quickly as evidenced by 4 licenses in 2 weeks.
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