Quote:
Originally posted by LAMike
Even if we win you are still bound to the contract you have with them.
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As the judge stated in the Markman Order, the defendants have grounds to file for summary judgement.... the defendants would get a non-infringement verdict...
At this point, it would mean the patent has not been invalidated.
The people who licensed the patent will have to continue to pay because their agreement only lets them off the hook if the patent is found to be invalid.
A company would have to stop paying the agreement, which would be breach of contract, and then would get sued by acacia, then they could point to the defendants non-infringement verdict.
Means more legal bills to get out of something that might have seem a lower costly "business decision" then joining the defense group.
If someone is only paying $300/month to acacia, it might be cheaper to just keep paying them until 2011 when the patent expires than pay legal fees for breaching the contract.
Fight the End of the Mayan Calendar!