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Message: Re: silversurfer...DaBos...
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Jan 27, 2008 03:32PM
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Jan 28, 2008 11:47AM

Jan 28, 2008 02:58PM

Jan 28, 2008 03:23PM

Jan 28, 2008 04:03PM

Jan 29, 2008 05:32AM

My recollection was that EDIG-DM agreed that settlements would be a "ONE TIME THING"...

This implies that the settlement would be "INCLUSIVE" of past, present, and future infingement claims...

There is nothing in the agreement however that precludes the model used by PTSC, which provides for insentives to those who "SETTLE FIRST"...

IMO these are all matters that pertain to what happens "after" the disposition of the VIVITAR case, one way or the other...

The fact there is still "Silence" about what is going on in the VIVITAR MATTER is in a way good news. It can mean one of two things:

(1) The parties are in the "MEDIATION-ARBITRATION" phase of the case, and there IS an "Offer" on the table, and it is serious enough of an "Offer" which makes DM re-think their initial strategy in the case, which was using the VIVITAR case as a vehicle to get a "MARKMAN" ruling from the COURT before filing against the remaining 174 potential infringers identified. 

(2) Or, "Mediation-Arbitration" has not been productive and the parties are busy getting ready for the "MARKMAN HEARING"...

As I write this, I do not recall the date for the "Markman Hearing." If there is no filing against other potential infringers by the date the "VIVITAR MARKMAN HEARING" is to take place that could be seen as number (2). On the other hand, if we do get a "FILING" against other potential infringers before the MARKAM date, it could could be seen as number (1)...

In the meantime we wait...

GLTA...

Gil...

From rainy PALM SPRINGS...Lol...  

 

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