RE: moxa.....
posted on
Jun 04, 2005 10:18AM
PTSC has its counsel concerns (and lack of Higgins testimony), as well as a desire for the biggest possible peice of the pie(s), and of course the desire for revenues (more royalties) at the earliest possible date. Counsel concerns will inevitably delay current litigation (which, if unsuccessful, will just cause greater, much greater delays, as they enter the appeals process). Unless there are significant royalties from AMD and/or GD, time is not their friend.... Counsel concerns are a non-issue in the settlement process (they can have anyone assist in that effort - preferably counsel already intimately familiar). PTSC may also being getting pressure from AMD.
Moore/TPL has credibility concerns (due to other litigation and claims of fraud) not only in court (perhaps) but also with Intel I`d think. They also apparently have major financial concerns (based on the fraud case actions), though this brings the question as to whether royalties from Intel are flowing at all, or are very small. I gotta think Intel is under some level of pressure from their customers who have the infringement cloud hanging over their heads. Intel may be applying a lot of pressure on Moore/TPL to settle ASAP to relieve those burdens, and for a settlement structured such that their existing licensing agreement remains standing.
Both parties are undoubtedly feeling pressure from the court to settle the the matter out of court. This court action delay, apparently at the request of the parties, if unsuccessful in pursuit of settlement by 6/10, will probably just piss off the court. That`s in nobody`s best interest. And I would think that the court must recognize that if PTSC is unsuccessful in court, that they will appeal the ruling. If, in appeals, PTSC is permitted to use counsel of their choosing and/or Higgins is permitted to testify, there is a possibility of the instant ruling to be overturned, making the present court look inept. Undoubtedly IMO, the present court is very anxious for a settlement to get this matter out of their hair. The court could apply a lot of pressure if settlement is not achieved very soon (like within the next week).
Everybody is undoubtedly feeling pressure, and everybody has something to lose if no settlemnent, and something to gain with a settlement even if terms are not fully to their liking. Incentives are definitely in place....
Get it done!
And I KNOW nuttin`!
SGE