Voip Pal Com Inc (VPLM)

[chazzy1]

This post should be considered as an addendum to my recent post, where I laid out the pros and cons of a settlement versus a court victory. In summary, the point was made that, in an out of court settlement, the terms (including the settlement amount) are often undisclosed, as is often dictated by the defendant. Another point was that, since the settlement is a private agreement between the two contesting parties, it lies beyond the purview of the court, thus no infringement would have been established in a court of law. As a result, the plaintiff is barred from ever referring to the defendant as an infringer. The point which I would like to add here is the impact that a settlement would have on the remaining pending court cases. Since infringement would never have been proven in a court of law, the remaining infringers would not be as motivated to settle, thus weakening the position of the plaintiff going forward. VP needs a court victory more than it may appear on the surface. My hope is that VP decides not to settle for pennies on the dollar, but to stay the course and prove infringement in a court of law. With 36 out of 36 IPR wins, and by winning all favorable claim construction terms, we are in a very strong position legally and strategically to do just that.