InvestorsHub Logo
Followers 48
Posts 2221
Boards Moderated 1
Alias Born 01/28/2013

Re: Bsav88atty post# 15238

Thursday, 11/07/2013 4:57:02 PM

Thursday, November 07, 2013 4:57:02 PM

Post# of 46486

If I was advising the company, I would strongly recommend not settling until at least a positive Markman order. And even then, I would recommend rejecting any offer below 3% in royalties


Concur 100%. There is a reason why the discounts that are reflected in settlements are the greatest the earlier in the litigation process it is. Case law precedents itself even clearly demonstrate that even after a trial, post-judgment RR's are routinely increased even higher than what the jury awards.

To settle before a Markman is foolish. The Markman is the first milestone and WDDD must at least successfully navigate thru this if it has any aspirations whatsoever of monetizing these patents beyond ATVI. We've seen what happens when you don't take things thru the Markman already (crappy NCSoft settlement, anyone?). You end up leaving too much $$$ on the table -- $$$ that is rightfully WDDD's.

And even from an "efficiency" standpoint (which I believe you also may have alluded to indirectly in a subsequent post, Bsav), you simply MUST have a Markman victory to keep in your back pocket to wave in the face of any other potential litigant. Otherwise, you end up spending tons of time and money unnecessarily re-inventing the wheel and going thru the same painful pre-trial process WDDD is already going thru right now.

All we need are two numbers from the Court: A month and a date. Once we get those, this stock returns to its regularly scheduled programming.

GLTA...