Ahem. “Excuse me. I think I’d like to return this trial version installation of 2021, since it seems to just be a second beta of 2020… and skip to final install of a workable product. Even if that product is a 2008 era legacy….” Grin. [It has been a minute, since last we posted, but do check out Arnold’s take on last Wednesday’s domestic terrorism — I thought he was a terrible GOP Governor in California, but he is… not wrong — about this.]
On, to the substance then — with Mattersight/NICE continuing to claim that over a dozen of its dubious patents are infringed by CallMiner, that in turn requires claim constructions for each of the inventive steps claimed in each patent.
In essence, the parties must duke it out to agree on what exactly each claim covers, or what the words mean — as to each claim. That is a truly ponderous process… that has been underway since we last posted here.
Unsurprisingly, this has pushed back any trial date, from middle of 2021, last entered — to Q4 2022.
September 2022, specifically, with lots of interim deadlines in between.
But my bet is this one settles, with CallMiner paying only a truly nominal amount — or… next to nothing, at all.
But NICE/Mattersight will have spent well over a million dollars in legal fees, to date — and will have forced CallMiner to have spent… roughly the same.
Truly this is a sub-optimal system, that effectively rewards less than honorable litigation tactics by actors like old Mattersight. They become odious bridge trolls, stifling… genuine innovation.
Now you know.
What Matters? 