Now Playing: Opinions and Speculations
Topic: Microsoft and VCSY
smooth I think the meter's running on Autonomy. The longer they stretch things out the more uncertain the final terms become.
Given what we see in Microsoft's Jupiter the pressure is doubtlessly high on HP to get cracking on development and marketing new concepts to their clients. Microsoft knows the Markman hearing is in December and will play that card in any way they can to hurt HP. Same with Oracle since now HP is Oracle prey in ways Apotheker could never have imagined.
The journalists/watchers writing about Microsoft say Jupiter is either more of the same phony Microsoft BS or it is "the greatest leap forward since the introduction of the 32-bit Windows API in 1993". Microsoft management is either really stupid or really smart. At one time my anger toward Microsoft (and a deep seated distrust of them) caused a "really stupid" reaction. Now that I see what Microsoft's own people are speculating about Jupiter (presumably when none of them know anything about 744) I realize a company the size and weight of Microsoft is not so stupid as to commit their future to HTML5/JS at the current state of HTML5 work with nothing in reserve. Anybody who says they are doesn't understand the importance and scope of Microsoft's legacy development population. That or they're deluded by anger and prejudice as I was. I once was blind but now I see. Hallelujah brethren and sisterns.
If Jupiter is as revolutionary as all that HP has no time at all to waste and the only way HP will be able to apply Autonomy's IDOL and CAPS systems will be to get the issues resolved or face an escalation of the lawsuit while Microsoft ridicules and FUDs HP's reputation to every HP client they can take to a three martini meeting.
As you say once they go into the claim construction process the stakes rise substantially as both sides see what each other has to claim per the discovery process which is supposed to be wrapped up by October 12, 2011: Completion of claim construction discovery.
Then October 27, 2011: Vertical shall file its opening claim construction brief. That means the public will be able to examine for themselves what Vertical says about Interwoven's position. Not good for public relations at all and not good for all those who can read a patent claim and use a dictionary.
Hold on for the "prior art" opportunity? It won't come until after the Markman hearing. And the Markman hearing will determine which party owns the claims language. Autonomy/HP will take their chances on the Markman? Big risk.
I can assure you the USPTO exam covered everything Interwoven could possibly raise as a challenge or contrary definition to VCSY's claims. How can I be so sure? Because VCSY and MSFT went right up to the line on the Markman hearing without actually pulling the trigger. That means both sides (VCSY and MSFT) went through discovery so both sides saw what each other had in terms of claims interpretation and the characteristics contained in the target software. Any prior art Microsoft could have dug up went before the USPTO during the prosecution of the continuation which conducted a re-examination of the original claims before even considering the new claims.
And Microsoft had 8 years to dig up whatever they could find. Interwoven? I doubt Interwoven even bothered to examine the patent until they were served a C&D. That's how plausible deniability works; "Heck yer honor I didn't even knowed they was a patent like that." If anybody believes Interwoven could have discovered prior art Microsoft could not find I have some swamp land for sale that would be great for growing pumpkins.
Any new claims of prior art Interwoven could have dug up had over a year of opportunity for that information to be given to the USPTO during the continuance exam and the continuance was granted in spite of all that. So prior art from Interwoven is laughable. That's why it looks like Interwoven has gotten much more friendly.
I do think the HP acquisition decision did change things for Interwoven. They're running at the Markman hearing date like it's a brick wall and HP's standing there watching them run. They can't be all that comfortable with their new bosses watching over their shoulders. I would say HP advised them to wrap it up and get legal so they can get the show on the road.
