The parties have submitted briefs arguing what they believe should be the think the claims mean. Briefs (and other info) can be found at patents.com a website of the defs. attorney. The judge has told the parties not to proceed with infringement or validity discovery until after she decides what the claims mean.
What the claims mean is a legal issue for the judge to decide. The judge has three choices 1) decide what the claims mean based on the briefs, 2) schedule a hearing, have testimony, and then decide what the claims mean, or 3) tell the parties to go ahead with discovery and that she'll decide later. I believe the most likely scenario is #2, since that's what most judges do. However, she isn't required to do anything in particular.
She also sets her own timeline. Most of us on the thread for the past year though she would act within a few months of the briefs being filed (Sept. 1997). She obviously has taken longer than that. A rumor that she was about to act drove the price up to 1.50 last fri. She could act anytime, today, tomorrow, or next year.
A decision on what the claims mean will go a long way to evaluating the strength of an ultimate GIFT win. Earlier on this thread there were extensive discussions about the claims.
For the record, I am about to rebuy stock, (after the lates run-up and my sell-off). I am one of the fools who has quadrupled his investment in GIFT since Aug. by selling on rumors that run the price up, and then rebuying as it goes low. However, sooner or later I could get burned by the judge acting when the price is high (and I haven't rebought).
GRC |
