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Originally Posted by auser
I don't think people really understand. It doesnt matter what the USPTO does at this point...when NTP originally filled the law suit, their technology WAS under patent, so what the USPTO does now is irrelevant to that..that is what the judge has been trying to say for months...
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And what I've been trying to explain on here as well. All this talk about suing NTP to get the settlement money back may make you feel good, but it wouldn't go anywhere. I can't even think of a theory on which to proceed. Maybe roofus, esq. can englighten us...
The term permitting NTP to keep the settlement regardless of the USPTO outcome is a contractual term--adding it prevented the settlement from going south like it did a few months ago. Think about it this way: if you knew you were figuratively speaking about 5 minutes away from a judge entering a final order awarding you some huge sum of money and potentialy enjoining the defendant, would YOU sign a settlement dismissing your case that specified you'd give the money back if the USPTO reexam certificate removed the infringed claims?