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Message: Re: Markman Update - uncgordo

Mar 30, 2007 07:57PM

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Mar 31, 2007 05:51AM

Mar 31, 2007 06:15AM

Well, you asked for opinions....

Three scenarios you posted, and my takes:

1- There will be a settlement before the Markman Good!

I'd mod this to say "settlement before the Markman results are known", then I'd break it down (since I'm convinced that in any scenario, all that really matters is the dollar amounts).

Settlement by all for really big money (minimum $100M): Outstanding - best of all worlds. We're done with these guys and the dollar precedent is set, patents essentially validated.

Settlement for relatively small money (less than $100M): Good, but not great. We'd be done with these guys, but the dollars involved may not be enough to fully convince others, at least not to the point where they'd pay big/huge.

2- The Markman will be in PTSC's favor. Great!

Modified as above, I'd say this would be Good, but not great. Still have all the remaining litigation to suffer through, and the tables could turn. The long wait would begin. Then, even if we ultimately win, it's subject to appeal.

3- The Markman will be in favor of the defendants Bad!

Yes, Bad. But not nearly as bad as some may think. As above, we'd sweat the remaining litigation, but the tables could turn in our favor, and if we ultimately lost in litigation, WE could appeal.

And, again, IMO, it's all about the dollar amounts. Even if we ultimately won in court, but were awarded small money, others would only "feel" obliged to pay similar dollar amounts.

JMHOs,

SGE


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