Re: 11 days to Markman
in response to
by
posted on
Jan 17, 2011 04:24PM
As you note, the SAMSUNG settlelment fell under round 1 strategy.
We have yet to see the outcome of the last two years of DM's efforts at "raising the bar" with an increased number of infringers in a post Markman world.
Nobody knows, save DM and Featherstone, what numbers are being tossed around but I am certain both sides have auto target levels...hence settlements are likely. I know cases whereby defense attorneys were allowed to go $500K on a settlement case and worked a $350K number, needless to say, their clients were happy as he saved them $150K on paper....and that's how he looked at it.
If DM doesn't blink they will maximize the results, as I doubt anybody the size of NOKIA wants to be depicted as the Goliath in this story and risk a jury driven verdict of $250 million when they can exit quietly at $75 million. (feel free to substitute your number selection for the above example, but the point has been made).