Voip Pal Com Inc (VPLM)

[chazzy1]

I would like to offer my perspective on which is the better option, a trial win or a settlement, as I think it is relevant here. Although roughly 95% of all infringement cases brought in Albright's court are settled out of court, I would favor a trial win over a settlement for the following reasons. In an out of court settlement, the defendant usually stipulates a wide array of non-disclosure terms within the agreement, which means that the public is often left in the dark as to the amount of the settlement. It may take months to glean this info from a subsequent SEC filing. This secretive nature of an out of court settlement, which favors the defendant, would not have nearly the same effect on the share price that a trial win would have. We often here phrases like “the parties settled for an undisclosed sum,” and “the terms were not immediately available.” Another point with out of court settlements is that, since infringement was never established (proven) in a court of law, the defendant can never be referred to as an infringer in all future publications by the plaintiff. Whereas, in a court victory, the amount of the jury award is public information, infringement is proven, and the judge can award treble damages if he deems the infringement to be willful. However, a settlement sum would never include treble damages. Thus, in my opinion, nothing could drive the share price upward faster than a court victory, however, a settlement is statistically more likely.