King Oil, you raise a good point about a settlement being the best opportunity for a number of shareholders. Putting aside the fact that so many of us have been around for so long, there are realities that I think shareholders should take into account if they expect that a successful jury verdict will get us the biggest bang for the buck.
1. Personally, I do expect that the judge will not honor Intel's motion to dismiss the case, and the Markman Hearing should prove 'favorable' for HDC shareholders. It's just my opinion but, of course, if the hearing doesn't go well, we're toast anyway;
2. The proposed schedule was already laid out, and the trial isn't scheduled until June 2022;
3. Intel obviously knows that HDC doesn't have money, so reality suggests that they will strategically drag everything on for as long as it takes, including any appeals that might be necessary. Thus, a trial wouldn't enable HDC to get any money for quite a long time;
4. HDC has signified in its 10-k that it will run out of money by first quarter 2022 unless it identifies how to infuse additional funds into the company. In other words, the money will run dry before any trial takes place;
5. Since the current team has either been incapable of monetizing the IP or, for that matter, refuse to monetize it (god knows what they've been up to other than lawsuits), we obviously can't expect any rational drivers of revenue. In other words, somebody has to pony up, and I can just imagine the terms that will be unfavorable for common shareholders. Do we need to go to Series E now? Will McGovern loan the company money again, and move his equity stake to unfathomable levels?
6. HDC is still in a stalemate with Vennwest (ie Quirk), and who knows how much more money needs to be expended relative to this lawsuit. McGovern and Quirk have been in their own little worlds battling it out, while shareholders have taken it on the chin.
In summary, if you put all this into a pot and stir it around, the result aligns with your suggestion: a settlement would be best!
