Re: Coyote - sky/ LL
posted on
Aug 03, 2009 11:50PM
LL, assuming DM's plan is to take Samsung to a Markman, would it be bad strategy to file new suits before the Markman? Say a few months before? Then, by the time the Markman is held [and hopefully won by EDIG], the new defendants would have had a chance to review our patents and their own products which would facilitate quicker settlements.
Also, why do you think Samsung hasn't settled? The only reasons I can think of is DM is either asking them for more than a nuisance amount or Samsung thinks they can beat EDIG in court. If DM were only asking for around $3M-5M, it would seem Samsung would just want to be rid of this case and agree to settle.
Can DM say, "We'll settle for $50M...take it or leave it", knowing Samsung will balk at that price, to force them into an unwanted Markman? Or are they required by the court to come to the bargaining table with a reasonable price given the low settlement values of the other 6 defendants?
I too am hoping this goes to Markman because then all new defendants will roll over quickly. Then EDIG will enjoy many large settlements for years to come, assuming we win.
Thanks for letting me pick your brain...I KNEW I should have gone to law school! LOL