Not trying to sharpshoot you or pick a fight. Just stating my experience (across several courts and different venues...a caveat is that local practice may vary).
Firstly pacer updates arent quick - probably wont hear anything on pacer till next week.
As a regular PACER filer (actually, PACER is just the reporting mechanism...Electronic Court Filing (ECF) is that actual input mechanism), once you hit "submit", you normally get a response/confirmation email within seconds. Not sure if you mean the time to get output or the time until it is updated...but the system is not slow. The lag, if any, is with the actual filing of whatever documents.
Secondly for all we know the talks are ongoing
True. No one knows the parties actual positions, except for the parties themselves. But, from the filings, nothing suggests that the parties' positions are close enough to suggest an actual settlement. Could be wrong, though.
Thirdly, there are no ways of looking at it - you'd be very naieve to have expected something to be posted by now. It's way too early days. The chance that vB5 being put on the main vB site yesterday likely has absolutely bugger all to do with the case.
Yes. Though, outside of the case, I don't think the public change to vB5 on vB.com bodes well for vB. I doubt that there is any relation between the use of vB5 on their main site and the lawsuit. But, I do think its abysmal performance and completely bad user experience (at least in my subjective view) does signal real problems for vBSI. I am not sure it is a nail in the coffin...but, it seems like it is a really bad omen for them.
We all know where everything is heading. IB will make a demand like XF shuts down, or is sold to them. XF will refuse and ask for all legal fees to be paid then walk away. Neither will come to a sensible arrangement, and we'll end up having it decided by the judge in March.
Mostly agree, except for the fact that if the judge does not rule in favor of XF outright, I think there will be a trial (date to be determined, but not to long off)....after the close of evidence, then I think the judge will rule in XF's favor (based on legal points), or if it goes to the jury, they will rule in XF's favor. Though, this is just my instinct. Anything could happen .
Suggesting that not hearing anything is bad is complete fud and will result in the closure of yet another thread.
Yup. Especially as to the silence meaning anything substantive.
The legal process
can be VERY SLOW and GRINDING. People should understand that (even if they don't like it...it is in the nature of the beast).