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Re: wimike post# 31940

Tuesday, 12/19/2017 4:12:56 PM

Tuesday, December 19, 2017 4:12:56 PM

Post# of 38634
wimike, its difficult to say. we do not know all the intricacies. The Markman hearing is set for 4/10/18. After that time the judge can render a preliminary discussion and or decision on some of the motions. That hearing usually gives each side an indication on which way he is leaning. It is usually after that, t gives one side or the other an incentive to settle if they think they are going to lose.

However, in this case, the incentives may not be there. IPCI knows they are held up until September of next year anyway. (assuming a 9 month HAP study and it hasn't started yet) so IPCI does not have an incentive to settle early. especially if Purdue is willing to settle if IPCI gives them say 2% of profits for a certain number if years. at that point the only cost to either party to keep the case going is ongoing legal fees.

If however one prty gets the hunt that the judge is leaning towards damages payout then that may encourage Purdue to give up the fight, but as you see there are many facets involved here and it would be difficult to say what can or will or even should happen without all the answers. buts there are a lot if issues to consider so my original comments were based on the assumption that since the company dosent need to settle early, they dont have to the incentive to settle earlier.