interesting- can only mean negotiations are in full swing and B&H decided to take their chances with the courts. LOGM will be up all night debating the next step- I actually prefer that 01 takes their chances in the court because after reviewing all the evidence for over two years, the CAFC decision, and Stoner's incriminating evidence in front of the CAFC, the chances of a solid win and moving this along are reasonable. LOGM have set a nasty precedent and this will set the stage for a serious case where a lot of money and the survival of LOGM and their 12 million free users is on the table. I have a lot of faith in B&H given their unwavering support for this patent for over 6 years. There is always the risk of the PTAB reversing a decision, but that is not what is on the table right now. Appeals must in grounded in law or they will not go ahead.
One must due their own dilligence in such cases and I believe that LOGM system prints on the 01 patent. The only angst is all of this is the problem the re-examination team had in coming to terms with the Crichton prior art and whether or not a jury can be brought up to spped in a couple of days. The analogies are simple enough, but remember the examiner in the USPTO needed a couple of years to see the light. But, we also should be aware that Andrew remained most positive and he is one of the inventers in all of this, until the very end of the re-exam. And that the USPTO held strong to the end once he and the central examining unit had all the info in their hands.
It will be a late night in east virgina as LOGM and the 01 legal team continue discussions. 01 stands to lose a lot, but then again LOGM stands to lose a functioning business. The elements are in place for an 11th hour drama and this usually means a deal will be struck in the early hours. IMHO.