Health Discovery Corp (HDVY)

[chazzy1]

Thanks LocWolf. I am still struck with this one overriding question: Why would HDC agree to dismiss their strong case against Intel "with prejudice", meaning that they can never reopen this case, IF they hadn't already negotiated a satisfactory settlement with Intel? "With prejudice" means burning the bridge back to Intel's wallet. HDC wouldn't normally be required to include this limitation, and I assert that they wouldn't have included it UNLESS they were getting a very satisfactory sum from Intel. Seriously, if all you are getting back for the years of expense and effort, is a paltry $2.25 million, you wouldn't seal the doorway shut to potentially more funds by adding "with prejudice." If I were HDC's Directors or their attorneys, and Intel said, "Here is $2.25 million. Now go away and never bother us again." (This is exactly what occurred on the surface), I would reply to Intel, "We'll see you in court." If $2.25 million was Intel's best offer, I can all but guarantee you that, by waiting until closer to the trial date, Intel would have upped their offer. If you know that you are getting a lowball offer, and that you have the upper hand legally, you wait for a better offer. You don't cave. By not waiting, IF HDC had knowingly accepted a lowball offer, then they would have opened themselves to a class action by shareholders who felt defrauded of the true value of HDC's IP. But, I am reasonably sure that this did NOT happen. HDC did NOT feel the need to hold out for a better offer. Why? BECAUSE they knew that they had already received a reasonable offer, and thus, there was no need to hold out for more. This is the only hypothesis that makes sense to me, so I am sticking with it until I see compelling evidence to the contrary.