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Message: RE: Trial really preferable or not?

RE: Trial really preferable or not?

posted on May 06, 2006 09:44AM
I think some missed ronran`s point. If we end up going to trial with the J3, we`re in store for a very long wait, even if we win (appeals, etc.). And IF all other infringers are strong-arming awaiting the outcome of all the litigation, that means a long wait for any more income. And what IF by some chance we lose in any of the courts? Party over.... And that would be after our PPS has drifted back to near nothing.

However, if all of the J3 settle, and even if we take ``nuisance level`` settlement amounts, the flood gates should indeed open for the literally hundreds, if not thousands, of infringers to run to settle ASAP. Why ASAP? Because with each settlement the price tag goes up, and as the price tag goes up, the early settlers will have the advantage (less profit money expended) over their competitors. Our party will continue....

It appears some cannot see the huge forest out there because there are a few trees in the way.

And why do I say ``if all of the J3 settle``? Because we`ve already had one of the J4 settle and the flood gates did not open, at least as far as we`ve seen (though we did hear of ``dozens``). Would another do the trick? I don`t KNOW. But if all three settled, that should do it.

As for our little lull in settlements over the last months, I think it`s probably due to a few things in play. Obviously the pending (though a long term pending) J3 cases is one, but what else could it be? Maybe TPL can`t move the paper fast enough (e.g., got ``dozens`` of settlements in process, mounds of paper to handle - which can be time consuming). But I strongly suspect that the settlement price tag already went way up due to the last, Asian settlements. Fujitsu and Casio were major feathers in our cap.

As the settlement price tag (amount) goes up, the infringer`s time to consider increases greatly. Big companies = long approval process, the bigger the amount = the longer the approval process (more layers of management to be briefed, allowed time to consider, etc., before they sign the approval sheet).

I`m hoping the latter is more the case. With Fujitsu, in particular, settling (even for a relatively small amount), the price tag probably jumped.

Give us (J3) settlements ASAP, please! Just my thoughts, and I KNOW nuttin`!

SGE

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