RE: The Bear Case29 Jun 2021 17:47
I didn't discuss a bear case about the eventual outcome, but about the motivation of current sellers.
The reason I said the "amateurs" response seemed emotional is that it is illogical to defend something which was not under attack. The backers status was not under discussion, it was their change in strategy, and only with regard to the effect it has on sellers, not it's professionalism.
The IPR process is known to favour patent killers, that's why Samsung pushed for it, and why Nanoco initially resisted, and why sellers instinctively view it as negative. It is surprising that this fact is being undermined and disputed, since it has been discussed on this board before, and is backed by easily accessible evidence. The fact that the PTAB boards authority is under challenge has also been discussed on this board previously:
"IPRs are seen as a cheaper alternative to resolving disputes in federal court and more likely to produce results in favor of the patent challenger. For example, since its institution in September 2012 through June 2020, only 20% of patents survive completely intact when the proceeding reaches a Final Written Decision. Nearly two-thirds of all instituted petitions lead to all the corresponding patent claims invalidated through the IPR."
https://ghbintellect.com/will-iprs-be-abolished/
Some posters seem to confuse my assessment of the bear case for current sellers with some imaginary attack on the eventual outcome here. Clear eyed LTHs knew this was a bridge which had to be crossed sooner or later. Biting the bullet now will hopefully make final victory cheaper and quicker by curtailing appeals, shortening or eliminating a trial and collapsing the time-window for a possible settlement. That is the professional assessment, and as I said, I am sticking.
But that doesn't change the fact that for many, especially new investors attracted mainly by the trial, that scenario is too vague, expectations have been overturned, the timeline has been muddied, the prospect of a jury trial fades into the distance, the rug got pulled.