Laurie..Thanks for your excellent DD. For us, this is a game of who guesses best.

The parties proceeded to mediation September 25-26, 2007. During the mediation TPL did not reach an agreement with any of the three sets of defendants with respect to the issues of the lawsuit, or with respect to potential licensing agreements broader in scope than the claims of the litigation. Jury selection is scheduled to begin January 7, 2008.

There could be numerous reasons why they did not reach agreement, as we have stated the past few days.

1. TPL is confident that MMP is solid.

2. The fud put out by J3 must be dealt with effectively and appropriately but this does not change the outcome

3. The best win would be at trial, for SP and future licenses, defeating them as they scamper around looking for excuses that will not stand up when the truth of their unlawful infringement is revealed.

We clearly need a slam dunk in TX to vault forward. We all should be nominated for patron saints for patience.

I think we are on firm ground and posturing by the defendants indicates they realize the damages they will face at trial.