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Re: nobody12378 post# 44628

Monday, 09/11/2017 1:14:38 PM

Monday, September 11, 2017 1:14:38 PM

Post# of 52841
Possible, but in only 3-4 Months, it seems unlikely that they agreed on one Major proposal! Maybe some minor agreements, but there are just too many MAJOR issues to be compromised, which remain firmly entrenched, to expect any meaningful compromise!

It would be hard to visualize either side compromising to the Validity/Invalidity of the Patents alone, as that issue certainly came up early on, IMO!

And Lawyers fees are not a factor as far as Gers is concerned....and Lawyers fees to the Defendants would be insignificant when related to the huge settlements involved, so they could go on for many Months before making any compromise?
Then GERS could remain the toughest of all in one respect, that they are holding to their main demands, as fees have already been decided upon?

It must be remembered that literally "Stacks" of notes and factual documents that have to be gone over in the Mediation, or in Court? There must be copious amounts of material, with each page being dissected and rejected time and time again! Must be maddening to anyone involved!

It may be that one thing has been settled, whatever that might be, after-which too many sticking points came in, making Mediation at that point a fruitless venture as far as GERS is concerned?

If they (GERS,) Compromised at least one little bit, that would be enough for the Court to regard GERS as Honorable and not greedily based? GERS just cannot compromise on the basic demands they made, simply because they and the Lawyers have already decided upon what was right and just? So, they might enter the Appeal on stronger grounds!

If the Mediation reaches a settlement at this time, it probably means that either one side, or both sides, reached realities that they haven't understood before, and saw that going further was unrealistic, even ridiculous? Some of that could have taken place?

To hope for a comprehensive "Deal" seems out of the Mediator's reach as far as I am concerned!

But you never know? There are ways that the Defendants could pay-off their obligation without a huge lump sum, maybe not a sum at all? So, they could agree at a Interminable Contractee Agreement, at a slightly higher Royalty rate than is customary, and stop this whole process for going any further! Possible, but improbable! Imo only!!