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Re: DHOLE post# 23156

Wednesday, 12/14/2011 8:33:19 PM

Wednesday, December 14, 2011 8:33:19 PM

Post# of 52840
Cardinal is idemnified by ICM, however if ICM loses and cannot pay the damages Cardinal will have to pay a portion of the damages as a listed defendant. GERS, was smart and went after all associated parties that it deemed liable for infringement.

As a listed defendant Cardinal could find themselves having to shell out big $$$ if ICM cannot (ie. ICM is liquidated).

So at some point if Cardinal thinks that ICM cannot win this case, and projects damages awarded to GS Cleantech then they may have incentive to settle. It's all in the numbers.

There are a lot contractual agreements here, that always makes things interesting.