Mosaic ImmunoEngineering Inc (CPMV)

[Showmeethemoney]

Live to fight another Day.


I wanted to comment on this scenario talked about below. So we didnt get the monetary reward we looked for. However we got the long awaited infringement deal we needed and wanted and waited for for so long.

We now settled, instead of trying to get the monetary judgement higher, which is a win in my eyes.

Because, we live to fight another day.

What that entails is starting the process all over again in collecting money from infringers. Except this time we have won the infringement part. Which makes it a whole lot easier now. Now comes the big question? if we started raising our price for the cost of infringement, how many companies are really going to try and balk at it, and say we would rather spend money on lawyers and try to fight for years in court and possibly lose.??????????

Obviously the HTC lawyers took that route and quit at the end, (the appeal).........How many new people want to try and finish this battle? It would be like trying to start all over again?

Well it would be easy to figure out, Figure HTC's cost and time and effort in waging this battle over the many years, then the loss of the infringement, but it didnt sting as bad because of the judgement......

They spent a lot of money on this whole process...a ton.

Well Punk, do you feellucky (best clint eastwood impression) How many people now staring down PTSC's gun barrel really want to try and squirm out?

in a way, the infringement (win) and Judgement(loss) would be equalizers, how many want to fight against the win (infringement) just to save some money on the loss(monetary judgement)........is the cost of that fight worth it?

How much will they spend in that battle, to get a lower monetary judgement?

With the 100-s of companies that didnt go to court and bought licences, there was only a few to stand up and take the hard way and fight.

Now its even narrower way to stand up and fight, since we won infringement. Therefore, we may well sign up 100's and 100's of companies, before someone decides to step up and fight monetary rewards.

My 2 cents


http://agoracom.com/ir/patriot/forums/discussion/topics/632553-why-say-it-s-a-win-for-us/messages/1984058#message


I can hear it now!! "That depends".

You are correct. The jury verdict of infringement is an unqualified win, but the ultimate result of the matter, i.e., the settlement, depends on how one looks at things. As I see it, that settlement, in which PTSC/TPL received (in principal) slightly less than 10% of what they asked the jury to award, should probably, in an overall sense, be looked at more as a loss than anything else. Nevertheless, as I have also said in other recent posts, it does leave the jury verdict intact, and we should be okay with respect to claims construction as long as we remain in Judge Grewal's court.

Just to give you a "real life" comparison, I had a trial back in April of 2014 in which my client admitted liability. As a result, the only issue at trial was the amount of damages, and the plaintiff's attorneys asked the jury to award $1.2 million. Based on the defenses we had been able to develop, we were quite fortunate that the jury awarded only $148,000.00, approximately 12% of what my opponents had asserted. Please believe me that they most assuredly did not feel like "winners" when they left the courtroom. Conversely, I assure you that my client was ecstatic, and considers the verdict an unqualified "win" --- the only settlement offer made to us prior to trial was in excess of $250,000.00.

Consider the analogy, admittedly extreme merely to make a point, in which you had sued a rich man like Warren Buffett for $1 billion dollars (or pick any similarly large sum), but, due to the way the case seemed to be going prior to trial, you settled for only $1.00. You therefore received "a buck", and Mr. Buffett got to keep the other $999,999,999.00 of his money. Years ago in this forum, we had some people who erroneously thought they knew something about the law and litigation tactics, and who actually asserted that all settlements were "wins" --- in the above example, would you feel like a "winner" as compared to Mr. Buffett? Hopefully, your answer would be "no".

The point, of course, is that settlements are relative. Only in unusual cases can someone really be said to be a "winner" on an objective basis. Most often, all of the parties go away feeling a bit angry and/or dissatisfied --- which most mediators and judges would tell you is an indication that the amount of the settlement was probably in the range of reasonableness. In those situations, no one was a "winner" --- instead, all of them simply agreed to "walk", and to live to fight another day.