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Dishfan

01/12/03 3:12 PM

#2322 RE: Pago Pago #2311

Pago Pago, great post, friend. Question:

If there is no more "trial by ambush", if all the claims, witnesses, exhibits, etc. are determined before trial, wouldn't you assume that both sides will want to wait for Judge Lynn's decisions on those issues on Jan. 28 before settling?

Also, how much of a factor are jury selection and opening statements? Might the parties want to scrutinize these events before settling?

TIA for your (or anyone's) response.



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beattheclockmn

01/12/03 5:05 PM

#2339 RE: Pago Pago #2311

Is burden of proof "clear and convincing" or "more likely than not" in patent infringement litigation? I thinik I have seen others refer to it as the former.

James

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spider69

01/13/03 9:12 AM

#2407 RE: Pago Pago #2311

Pago Pago, thanks for the post you shouldn't have been lurking for so long without posting. JK did and outstanding service to this board by sorting through this info and adding in his thoughts. I also applaud the rest of you "in the know" for sharing your thoughts over the weekend.
How much of this info was just released to ERICY attorney's? It makes me wonder if things look so positive for IDCC if maybe IDCC is holding out VERY stubbornly for the ultimate settlement. Their confidence may be so high they say "ultimate settlement or trial, it doesn't matter to us" like the saying goes pay me now or pay me later. I asked the question about when ERICY attorneys became aware of much of JK's info. Obviously they will be looking at this through a different pair of glasses but if much of this just was released to them wouldn't one feel that they are even more likely to suggest a settlement and the quicker the better if it truly becomes X$ + Y$ after the 27th, as opposed to just X$ now. Ah the roller coaster will continue folks

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infinite_q

01/13/03 11:52 AM

#2444 RE: Pago Pago #2311

Pago, good post. I, too, took the wild ride from '99 to the present, holding and adding to my position.

So what is your impression of the sheer number of pieces of evidence that IDCC has submitted to the court? Do you think the really plan to use all of them, or is this just a tactic to confuse the opposition?