I'm back in at 11/32. Here is my reasoning:
1) Graham & james have good attorneys, they know how to write briefs.
2) The appeal court reviews claim interpretation de novo, in other words giving no deference to the trial judge.
3) It is still a long shot, but the upside potential is great. At this price i think its worth it.
4) Any favorable resolution is a long time away, but I can wait.
5) I may cash in on temporary upswings, just as I did before the judges ruling.
I'd like to address a few of the points in this last post:
"First, it is settled law that the court is not required to hear expert testimony on the meaning of the claims. It is entirely within the judge's discretion, and it is unlikely the judge will change her mind and it is even more unlikely the appeals court will reverse her decision, and it even more unlikely the issue will get heard by the appeals court before there is a trial, as I said, unless there is a summary judgment granted against E-Data."
I agree there is no rule requiring an evidentiary hearing, but I haven't seen (if there is one, please cite it and I will follow up) a case saying it is entirely discretionary.
In any event, what is important is to have the judges interpretation reversed. I don't care about a hearing, I care about what the claims mean. If GIFT admits the defs. don't infringe under this claim interpretation, then the judge grants summ. judgement quickly, and an appeal is filed very quickly. The time for resolution on appeal is 1-2 years. From what I know, none of the defs. sell from kiosks etc. They sell to people in their homes. If that's true, then this case should end promptly, and an appeal of the claim interpretation should be had. That is the appeal I'm interested in. I believe a well written brief, using only the file history and prior art as evidence, could convince the appeal court to interpret the claims more broadly than the trial judge did.
"Graham & James is fine, but the size of the law firm has little to do"
I agree its not the size, its the experience. I want attorneys who know how to write briefs, especially at this stage of the game. I like G&J as our attorneys.
GRC (FTR - long again at 11/32) |
