V-G, CABBIE ,WINNERSCIRCLE AND OTHERS
I have reviewed situation about our upcoming trial and based upon review I feel we have GOOD CHANCE of victory at Jury trial. But before I provide my comments for review and debate,I would first like to present the following facts before I proceed with my take on case.
IN jAN 2019 - us jUDGE Richard A ndrews ruled invalid three of six patents. Three of six patents IPA were ruled valid and could proceed to court. .
US District Judge Richard G . Andrews of the District of Delaware is Judge handling all of the cases involving Google and Amazon.
Comments
As Judge has ruled 3 of the patents are valid are we not going to court to determine the amount of damages re infringement??. If we have valid patents ,the amount of damages to be determined and argued.
-The Judge Andrews has allowed case to be presented in Court without PTAB ruling. ( Correct)//
-Amazon lawyers will first argue there is no infringement and damages.
-If Jury makes opinion that no valid patents exist, is this contrary to Judges decision that patents are valid? Judge can overrule Jury decision to confirm his decision patents are valid. Judge in difficult position. Again case in court before PTAB decision.
If we win in Nov Amazon has no PTAB decision that says invalid.
-As Microsoft and Google want to proceed based upon non-validity per PTAB ruling.
-If we win damages in Amazon and PTAB ruling states valid, game over and trial for damages
As microsoft and google cases scheduled I believe for MAY ,an appeal by Amazon cannot. allgege I believe that patents are invalid with PTAB ruling. Appeal ,would it not need to be based upon facts and not on subsequent PTAB ( who knows when PTAB decision made).
Case decision in probably Dec 31 and Appeal by January with no PTAB decision so how can
Amazon allege Judge erred in his original decision. It may be but I am only layman .
In view of my above comments, what comments can you make re our monster case.
As Judge Andrews also JUdge in Microsoft and Google case so what does he do if we win against amazon? .