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What if Blue Jeans did infringe on Monster Cable's patents?
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Simple. Then Monster will follow through, prevail, and likely put Mr. Denke out of business.
But I do know what you mean about how, in the absense of evidence or data, sympathies tend to go with the "little guy". I don't consider this a good thing, especially to the extent that the "little guy" intends to use said sympathy, instead of evidence, to influence a jury.
But that's what makes it exciting, isn't it? At this point, it's a poker game, and all the players have their best poker faces on. There won't be any cards on the table until discovery, and we won't see all the cards until the trial. Of course, if someone folds, we still won't see all the cards, but we'll definitely know who had the best hand.