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Re: ive been had post# 34858

Wednesday, 05/22/2013 8:30:33 PM

Wednesday, May 22, 2013 8:30:33 PM

Post# of 68424
IBH, this is my take on msft & Goog settlement...

Goog: Vrng might still be interested in settling with Goog even after a favorable ruling from HJJ because this would remove a lot of uncertainty that will still be present thanks to USPTO reexam and upcoming appeal. There is no guarantee that laches will be granted and the decimal error will be fixed in the appellate court and 420 already got rejected though it is not final yet and Goog requested PTO to relook into 664. Market hates uncertainty and institutions wouldn't be getting into this stock in a big way until all this uncertainty gets cleared. Maybe this could be the reason why some posters are skeptical on a huge PPS raise even after HJJs favorable ruling. On the other hand Settlement means instant cash..more cash to handle upcoming trials..more leverage and much more smooth PPS raise. But the downside is that they may have to settle for less amount..but again it depends on their negotiation skills.

Msft: 420 rejection is not final. Ken Lang will provide his response to PTO at a future date. And I believe PTO in their 664 reexam said that Vrngs patent is valid and they did not reject it. If Msft decides to wait till all this PTO reexaminations get over, that will be another couple of years or so coz PTO take a long time to resolve all this. So up until then Msft will still be willfully infringing and if they decide to settle then they would have to pay a much much bigger amount than they would be now. Even if 420 rejection becomes final and 664 is upheld as valid Msft will still be on the hook. So they might go ahead with settlement.

All this is IMHO only.