Mathou : J3 vertagt?
PostID 489992 On Monday, July 03, 2006 (EST) at 11:49:52 AM
This is one of the things that I really dislike about PACER, i.e., it is sometimes confusing. I cannot see any definitive indication that the SC was canceled, but if it was, you can be virtually assured that it was due to the convenience of the Court or based upon some unresolvable conflict among the parties as to calendar problems --- it other words, although anything is possible and I could certainly be wrong, I think it unlikely that the J3 have settled. Now, if we were to see strongly increasing volume and a concomitant price increase today and/or over the next couple of sessions, that may indicate the contrary.
Assuming there has been no settlement but the SC has in fact been canceled, it is NOT because the J3 are concerned about incurring more legal costs. That would perhaps be a factor with smaller defendant companies, but it simply does not come into play here with the J3 --- they have virtually inexhaustible financial resources, and spending millions, or even tens of millions, in legal fees would not cause them to hesitate one bit and/or to \'\'cave\'\' for that reason.
Assuming an SC is held, the judge and/or magistrate will inquire about the status of the case, how discovery is proceeding, and whether there are any other problems that require the Court\'s intervention at this point or in the near future. The possibility of mediation will be discussed, but the Court cannot require such. Frankly, with a Markman hearing not set until May 2007, I doubt that the J3 are interested in mediation at this point, and there is nothing that says they cannot agree to do so later, again by mutual agreement. The Court would like for both parties to do so sooner rather than later, because this helps the Court keep its docket running more smoothly, but by no means is it a requirement.
Everyone have a good 4th of July holiday