About twenty minutes ago I returned to the computer and scanned a few of the post .... when I saw this one.... I reread it a few times and then I attempted to see if anyone else posted what I thought I was reading herein. I did not find such a post.

Please will some one correct my understanding of this post by Laurie....

It would appear to me that Leckrone made a deal with Acer (and Amazon but we were not taking them to court at the NDoC ... yet!) which covered not only the outcome of the ITC but also the NDoC.

Lecky made a financial deal (settlement) in two parts.... I do not see where they are in two equal parts, basically two continget settlments. The two parts are as follows .... if we win at the ITC and Acer loses then we get the second payment (which I would hope was for a substantial sum however that is not Leckrones mo), and then we release Acer from any further litigation....

If we lose at the ITC we not only do not get a second payment but we also agree to two actions which should show what a "great" negotiator Leckrone is.... If we lose we agree not to appeal the ITC decision (that is how I read that we agree to terminate action ..... and we also drop our caee against them at the NDoC.

If I am correct I am disappointed in that Leckrone once again decided to roll of the dice by putting the NDoC on the line when I think we all agreed that the NDoC was a different case then the ITC ruling. If all he did was agree was not to appeal a negative ITC ruling against us for a Good settlement if the first part was large and the second part if we won would have been MUCH larger I would of said okay but to combine the NDoC trial of Acer into that agreement I do not like and think he was way off base.....

If I have read this wrong I apologize in advance to all including Leckrone. If I am wrong will some take the post by Laurie and use it to prove me wrong.

Thanks

marc

I reviewed docs filed with the ITC for Acer and Amazon . The contract wording regarding conditions for two payments is as follows (edits and bolding by me). I believe both contracts were signed Sept. 6

1st payment due and payable on Sept. 12. Only in the event any Licensee product is found to be in violation..in the Initial Determination by the ALJ, a 2nd payment shall be due & payable not later than 14 calendar days following the first payment. (Note: this date should be no later than Sept. 26) Should there be no violation finding, only the First payment shall be due....deemed fully paid

Dismissal

5.1 within 2 court days following receipt of 1st payment, parties shall file join motion to terminate ITC (Note: motion to terminate in ITC was filed 9/17)

5.21 within 2 court days following either (i.) receipt of 2nd conditional payment or (ii) no infringement finding, Licensor shall cause its counsel to dismiss w/prejudice all claims in No District (Note: motion to terminate in No District was filed 9/17)