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Message: Re: PACER Samsung / Dischino
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May 29, 2009 03:36PM

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May 31, 2009 02:48PM

I can't spend too much time responding to your questions Dischino as I have a work agenda ahead of me but I will say that my relationship is with Putnam is 10 years worth of phone calls averaging about 10 calls / year. Nearly once a month. I've attempted to craft an agenda prior to calling with specific questions but have found that I'm better off just having a conversation with no set questions or expectations. I stay abrest of the issues so I'm current, curious and am able to interact with pertinent follow up questions. I'm non confrontational and understand that there are limits as to what he is willing and able to answer. In short I'm respectful of his position.

I've heard him say "there is lots going on behind the scenes" on several occasions in different contexts. It's almost a putnam cleshay (SP?) I doesn't have much weight unless you put it in the context of a Samsung Pacer filing and a high volume trading day and wonder if maybe there is more meaning to it.....Remains to be seen.

I agree with those comments regarding settlement. I did hear the words " It's always better to settle than to go to trial" coming from Putnam. It came one day after the last day of the Wencor trial. Putnam attended the first round of the trial and wasn't called to testify. They were satisfied with the way their lawyers handled the case to date and feel they have reinforced their position. To ask about the Wencor trial was my intended purpose in calling and he was able to answer my questions. Our contract with DM also splits the contingency fee 50/50 instead of 60 /40. Any way you look at it settlement is better than a trial. Look at what we've just been thru with Wencor and it becomes a no brainer in spite the potential dividends achieved with a Markman hearing.

Don't know if this works for you but it may add to the perspective.

Larry


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