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Message: RE:...DABOSS...emma.... your day...LL...
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Jun 22, 2008 02:38PM

RE:...DABOSS...emma.... your day...LL...

posted on Jun 22, 2008 08:30PM

The following statement from your post amazes and shocksme...

"I would be shocked if most of these cases do not go to trial. I will probably be disappointed if they don't go to trial..."

Obvously, you must not have been thinking in Legal terms...

If by trial you mean Jury Trial, then you forget the implications of the Makman and the Sandisk Opinions.

Juxtaposing those 2 decisions you can only reach the conclusion that once the Markman Hearing is decided in favor of EDIG, the Sandisc Case leave only one issue to be decided, and that is HOW MUCH ARE THE DAMAGES...

Given the fact that most often than not Jury Verdicts are higher than Court Awarded damages by a judge, it would be malpractice on behalf of the Samsung attorneys to advise them to try the case to a Jury rather than make a settlement offer to be approved by a Judge on an SMJ Motion...

Thusly, assuming Samsung Attorneys follow the logical Course and tell Samsung that a "settlement" is in their best interest, IMO Samsung management would just as soon settle rather than try the case to a Judge...

They have had a great deaL of negative PR lately, and DM would milk that one also to facilitate a quick settlement...

GLTA...

Gil...



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