If these are the correct facts, shouldn't the market and particularly Transol shareholders be informed of this?
My limited legal knowledge tells me that for Transol to take the course of trying to invalidate the Nestor patent is a very high risk move, as you say it really is an admission by Transol that they do in effect breach the Nestor patent and they aren't even going to try to say they do not.
Another problem here is that Nestor is a good 'ol Yankee company, Transol is an Australian interloper and US courts are known for their patriotic views which certainly will not help Transol's case as a patent invalidation would be a slap in the face for the US Patent Office which granted the patent in the first place.
Trying to have a patent declared invalid involves huge legal and court costs, much more so than just saying you do not breach it. Transol is not swimming in cash and must stand a good chance of losing and in that case a large award against them could break the company, in the meantime Transol shareholders are in the dark and in effect were told by the company early in the year words to the effect that Transol had won the case.
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