pulling the pieces together the post mortem in a case like this is always difficult. The summary judgement of two years ago was tough to take but the route of appeal was very obvious in that case. Now there is less to work with and 01 and B&H have some tough decisions ahead. Give 01 leaders time to cool off the emotional impact of this decision and to get prepared to discuss the alternatives with the Board of Directors and to be able to chart the wisest path they have ahead. If there is an appeal it will have to be founded in fact and they need to review the facts of the case- what was said by who, and was there any blatant issues that the CAFC would deem to warrant an appeal.
As to the share price, well it will bounce around a little bit but will not be so volatile as there is little to no corporate interest in the stock and it will come down to the retailers who basically put this one to sleep for some time.
Wished we were having a very different discussion about the future right now but Citrix is still there and the cases while related, are also separate. Remember Citris was attacking the validity of the patent and not the infringement and even if they change their model there is a very strong case to move forward.
If there is a basis of appeal I would like to see 01 submit the request and then focus hard on how to get Citrix back to the table. Maybe Wilan could engage some of the dozens and dozens of smaller infringers but as a critic here as stated numerous times it just might keep the doors open.
I do not have any personal animosity to the B&H or 01 team- they threw everything they had into this and in the end the jury saw it another way. I do hope at this stage that the expert witness for Logmein did in fact mislead the jury on claims construction as this is really the only strong basis of appeal. If this were true, and for whatever reason Judge Hilton did not rule favourably on a Motion of Objection, the CAFC will likely review that evidence as it is contrary to the instruction they provided to the court.
So sorry for all of us who were long in this battle.