Until Congress acts or Berkheimer is decided that

Until Congress acts or Berkheimer is decided that changes the rules, it’ll be hard to win. Sometimes best to walk away. When new patents are approved soon, SFOR can always sue Duo again against the new patents using the new Alice rules that might be in place. With prejudice only applies to current claims, and doesn’t mean they can’t sue them again on different claims. Even though our lawyers are on contingency, have to also look at Duo’s lawyers costs. Had we lost or had the case thrown out, we could and probably would have been on the hook for Duo’s legal costs. As it is we pay nothing as each side pays their legal costs, and we can always sue again under new patents or claims assuming patent system gets some sort of favorable reforms.