Spencer, Spencer????Even though the PTO is saying no patents in a final notice, the Judge apparently still feels compelled to insist there is infringement. Good one!
I took my profits on the big spike today and will not 'gamble' on a judge who IMO appears to be mired in 'process' and incapable of carrying out justice based on fact instead of process.
You can't infringe on a patent that is not valid, even if that conclusion is based on the previous error of a jury. If the judge can't comprehend that the new information from the PTO is very relevant, then we can not count on that Judge for anything relevant in this case IMO.
I can no longer gamble on this one although, my bias is for RIM to prevail and the shares to gyrate wildly upon eventual settlement which I expect next week. ( optimistically!)
There is a last ditch opportunity to the parties to settle this matter on their own before the judge next speaks..if they put their egos aside, it could be done.
One way or the other I expect RIM to surpass $100 per share this year, but I expect that I will get better buying opportunities in the near future unless there is a surprise settlement agreement on Monday.
The whole issue of imposing an injunction is not valid if RIM is not infringing on the NTP patents.
Spencer makes a mockery of the PTO and the US justice system IMO. He is being a good boy and following the flawed judicial process to the tee instead of overthrowing the earlier judgments wich were made by a jury prior to the patent office decisions.
I guess if a jury convicts a killer and the 'real killer' is found later while sentencing is being conducted, the innocent person should still be convicted and punished because the jury said so.
NTP is clearly aggressive and greedy and has done nothing to develop the technology. Perhaps they should get burned on this one. I dare them to allow a new trial to occur...lol!
What a joke!
Good luck to all!