RE: Stay27 Jun 2021 23:04
Lobo. Do you consider the fact that NANO has not not modified any claims might flow from the ‘pressure testing’ Mike Edelman identified was undertaken, prior to the Third Party funder’s decision to take this case? If so, the absence of change might simply reflect meticulous planning and continued faith in both NANO’s claims and the nature of Samsung’s infringements?
There is likely more to this change of direction than meets the eye, as you suggest. However, if the IPR does not go Samsung’s way (as we hope), what substantive points would remain to be determined by jury trial, other than For example ‘wilful’ infringement? In event of a favourable Patent Board decision, are you aware of any circumstances that might allow Judge Gilstrap to rule on the balance of points without need for a full jury trial, hence shortening the determination process?
If Samsung is in discussion regarding a settlement that would of course be good news, but is it not more likely they would avoid engaging until the point their case has (hopefully) unraveled in the Patent Board review?
Thanks again for sharing your views on the Board - it is clear others appreciate your input as much as I do.