Neonode – start

There seems to be a growing interest in this case, so I will give my opinions about the case, (for what it’s worth)
Though I will not go into potential of this case (stock-wise), so no charts on volumes, success changes, and looming $$$ in the horizon. That I leave to others.

I will rather focus on the patent issue, as such.

Having said that, validity would be obvious to start with, as both patents are being challenged in IPR at PTAB and causing a stay on the district court cases.

879 survived the IPR at PTAB, so I assume presumption of validity for that at the moment.

993 is under appeal at PTAB, after being determined invalid.

Reversal of IPR is uncommon, less than 23% gets reversed. In particular for cases where arguments are factual based, then less than 5% succeed. Rather legal errors gives you the best chance of a reversal. Neonode’s main argument are factual based, hence prognosis does not look bright.

BUT, there is one case, very similar to Neonode; where the conception date is/was at issue.

Arctic Cat v GEP Power Products [919 F3d 1320, 31 (Fed Cir 2019)]

so it ain’t over until the fat lady sings.



Meanwhile, if you want to read more on how patent litigation in US is handled, see following link;

https://legal.thomsonreuters.com/blog/patent-litigation-101/



Coming posts will now deal with (in order)
1. Infringement
2. Damages (value)
3. General comments around the case
4. ? (not decided yet). Maybe scheduling, discovery or the coming Markman Hearing.



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Note: I do NOT own any Neonode stocks, nor in any other company involved in this case.

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