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22na22

12/19/17 9:03 AM

#28843 RE: tradetrak #28842

Settlement offer has always been the most likely way WDDD sees a penny, obviously. Have to think that the more and more hurdles WDDD passes, and the more and more time passes, the higher the settlement amount becomes. Fees incurred, PV of money, probability of loss, etc.

Personally I don't know what effect settlement (rather than pursuit of trial) would have on future infringement cases. Anyone with more insight on that?
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madprophet

12/20/17 12:28 AM

#28846 RE: tradetrak #28842

I just don't talk much about settlement or ultimate value until it comes into play. All off that has been discussed a long time ago many times over,
for me anyways...
first things first.
get out of CAFC appeal,
Worst case scenario everything gets killed, small chance, but still a chance.
Best case scenario WDDD gets all claims back.
Odds are we end in the middle, but until we get out of CAFC
and find out how many claims we end up heading to district court
gives a better idea of what we might expect.
For instance if we get all claims back, then the likelihood of a settlement in my opinion will be greatly increased as would the dollar value.
A less than favorable CAFC outcome and the likelihood of actually going to court see what happens approach I would think ATVI takes knowing they can settle during or at the least can file appeal.

A settlement offer depends on the dollar value of that settlement, then multiplying that as WDDD expands the net of infringers/royalties. It will also depend on what the PPS is at at the time of settlement. If there is a run up after CAFC decision, leading up to court date, and its a small settlement there could be a let down, so to me just too many variables to really talk intelligently about a settlement knowing all of the possibilities and factors still ahead.