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"But will ANY infringer risk going in front of a jury"
The answer to that is not only a resounding "yes, they will", but further, that IMO we should all be hoping HTC will in fact do so in our case in the NDCA.
How many times does the lesson need to be taught before it sinks in and the existing shareholders will accept it? That lesson, of course, taught again today, is that settlements in the absence of a judgment of infringement are unlikely to significantly lift our stock price. Sure, if we ever have a settlement in the mid to high double-digit millions per infringer, that might be a different story, but the problem with that scenario for the near term is that, based on the history of some 100+ settlements to date, it hasn't occurred since early 2006. Furthermore, there is no objective basis at this time upon which to believe it has happened in the present case with Acer or Amazon.
As to your original question, HTC itself will indeed take a patent case to trial by jury --- see finance.yahoo.com/news/...-provides-litigation-190703288.html, in which HTC and the other defendants prevailed against Wi-Lan in the EDoT back in July. Shortly thereafter, an article was written in which HTC indicated that they hated patent trolls and would rather risk losing in litigation than to pay any kind of settlement. Unfortunately, that doesn't seem to have been completely accurate since, just today, HTC settled with Wi-Lan in a deal that included several other cases and any remaining right of appeal that Wi-Lan may have had in the EDoT matter that had gone to trial; finance.yahoo.com/news/...-reach-agreement-end-153907273.html. But still, HTC wasn't afraid to take the EDoT case to trial.
My sincere hope is that, in HTC's view, TPL is much more of a patent troll than Wi-Lan, and that HTC refuses to offer any kind of substantial settlement. Of course, it would be great if HTC would offer $50 million, but again, with the history of "cratering" by TPL, what real incentive is there for the latter? If HTC was truly fearful of losing the case on a bigtime basis, settlement would have occurred before now, and the denial of a summary judgment, while I'm obviously glad it occurred, certainly isn't unusual.
As I've said on many occasions, it is time to win or lose, to perform or die --- either get a judgment of infringment, or lose the case and start digging PTSC's grave. I would be happy either way, because small settlements won't help us, and we don't have time to institute and maintain multiple other new lawsuits, at least without the clout of a prior judgment of infringement in our hands.
Mr. Otteson, even though the final decision isn't yours to make, I hope you get the opportunity to take this case to trial. If you do, just do your dead level best and let the jury make the decision --- IMO, it is high time.
Best wishes to all.
The answer to that is not only a resounding "yes, they will", but further, that IMO we should all be hoping HTC will in fact do so in our case in the NDCA.
How many times does the lesson need to be taught before it sinks in and the existing shareholders will accept it? That lesson, of course, taught again today, is that settlements in the absence of a judgment of infringement are unlikely to significantly lift our stock price. Sure, if we ever have a settlement in the mid to high double-digit millions per infringer, that might be a different story, but the problem with that scenario for the near term is that, based on the history of some 100+ settlements to date, it hasn't occurred since early 2006. Furthermore, there is no objective basis at this time upon which to believe it has happened in the present case with Acer or Amazon.
As to your original question, HTC itself will indeed take a patent case to trial by jury --- see finance.yahoo.com/news/...-provides-litigation-190703288.html, in which HTC and the other defendants prevailed against Wi-Lan in the EDoT back in July. Shortly thereafter, an article was written in which HTC indicated that they hated patent trolls and would rather risk losing in litigation than to pay any kind of settlement. Unfortunately, that doesn't seem to have been completely accurate since, just today, HTC settled with Wi-Lan in a deal that included several other cases and any remaining right of appeal that Wi-Lan may have had in the EDoT matter that had gone to trial; finance.yahoo.com/news/...-reach-agreement-end-153907273.html. But still, HTC wasn't afraid to take the EDoT case to trial.
My sincere hope is that, in HTC's view, TPL is much more of a patent troll than Wi-Lan, and that HTC refuses to offer any kind of substantial settlement. Of course, it would be great if HTC would offer $50 million, but again, with the history of "cratering" by TPL, what real incentive is there for the latter? If HTC was truly fearful of losing the case on a bigtime basis, settlement would have occurred before now, and the denial of a summary judgment, while I'm obviously glad it occurred, certainly isn't unusual.
As I've said on many occasions, it is time to win or lose, to perform or die --- either get a judgment of infringment, or lose the case and start digging PTSC's grave. I would be happy either way, because small settlements won't help us, and we don't have time to institute and maintain multiple other new lawsuits, at least without the clout of a prior judgment of infringement in our hands.
Mr. Otteson, even though the final decision isn't yours to make, I hope you get the opportunity to take this case to trial. If you do, just do your dead level best and let the jury make the decision --- IMO, it is high time.
Best wishes to all.
