|Gardere Attorney Peter Vogel quoted in E-Commerce Times article |
Yahoo, Facebook Patent Case May End Without Fireworks
|June 22, 2012 2:13 pm|
A brewing patent dispute between Yahoo (Nasdaq: YHOO) and Facebook (Nasdaq: FB) may wind up being settled outside of the courtroom, according to court filings made this week by Yahoo's attorneys in the U.S. court for the Northern District of California, in which they also sought extensions to other filing deadlines.
The two companies are engaged in settlement negotiations, the filing said, adding that an extension might facilitate this process. District court Judge Jeffrey White approved the extensions.
"In a settlement you have control over the outcome," he explained, "but when you go to court, sometimes you win for the wrong reasons and lose for the wrong reasons. By settling, you get rid of the risk."
Patent cases pose extra risks for companies if they go to trial, Vogel continued. Before such a trial, a federal judge holds a Markman hearing to interpret what the patent means.
"That becomes binding for the parties," Vogel said, and "oftentimes, the determination of the Markman hearing will dictate the outcome of the case."
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