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Friday, October 20, 2006 8:43:18 AM
My original point was the surprise at the merger of Computer Motion and Intuitive Surgical. Of course the circumstances were quite different for these companies from Cortex and Lilly and the litigation had reached a level that was sapping both companies to death.
But thinking about the lawsuit and as an expert witness for a number of years... Lawsuits that reach trial present high risk to the litigants, especially for the ones that are cash strapped. Judges are biased, some can even be bribed – both judges and juries have been known to proffer decisions based on dislike of attorneys, etc. And as known to us all, litigation IS extremely expensive – Cortex certainly cannot afford those costs. So an added advantage to Cortex by partnering with Lilly would be settlement of that lawsuit and Lilly now defending Cortex's patents. Removal of a lawsuit overhang for Cortex would be quite a financial relief for Cortex.
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