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Re: espnrick post# 1290

Wednesday, 07/24/2013 12:04:01 PM

Wednesday, July 24, 2013 12:04:01 PM

Post# of 1342
Espnrick,

I don't have premium membership - couldn't respond privately to your email. Where do I think this case is? I personally think Berg is trying to trying to capitalize on the obvious strategic interest that was present in the A123 case.....interesting courtroom notes on the battle royale between Wanxiang and JCI here https://www.facebook.com/notes/delaware-shareholder-services/aoneq-hearing-121112/495483290501917 . This case took a major detour right after that auction - so I personally believe what happened there has a lot to do with where this case goes - but it remains impossible to say exactly what will happen and whether JCI will step forward at the end of the day to pick up the Valence IP. Berg isn't going to sell it an any price - only at a price that is acceptable to him. We know there was an offer presented to the board last month - but the board wasn't allowed to vote it up or down as it was preconditioned on Berg's approval. The latest fee apps would appear to suggest that this offer came from 'George' - my guess is that he represents a patent litigation group - that's mostly based on repeated references to 'licensing' and 'waterfall structures'. Typically when a patent troll goes after IP, the structure of the deal is mostly back ended - Valence would get a % of any lawsuits they could successfully prosecute, hence the payout comes in the future and waterfall structures are incorporated into the plan such that creditors get paid with initial victories and shareholders get compensated, if ever, with later victories, if there are any. Fee apps indicate that the atty's spent considerable time negotiating with George, but Berg was never really on the same page. Is JCI driving a hard bargain as they initially did in the A123 case? Berg is a pretty sharp guy, I'd guess he is more focused on what they were willing to pay in the end vs what they offered up at first there. I think we get an answer one way or the other soon....like a month or two.

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