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Corp_Buyer

01/21/03 7:09 PM

#4864 RE: ziploc_1 #4847

Absolutely, the trial delay is for settlement ...

... otherwise the trial would start as originally scheduled (as confirmed by the court) at which time the Court would start hearing the motions in limine and start going through the disputed exhibits with the parties.

The only explanation that makes sense to me for the trial delay is that the requested "mediation status report" indicated more time was needed for settlement and/or documentation. Both parties and the Court all therefore must have agreed to the trial delay.

If the requested mediation status report indicated that there was even one irreconcilable difference, then the trial process would be started as originally scheduled on the motions and exhibit disputes followed by jury selection and trial.

I still firmly believe that a comprehensive settlement is strongly in the interest of both parties and that such a deal would certainly be very time consuming to document. I also believe that Ericy has enough assets (cash, technology rights, order backlog of future business) to satisfy IDCC's settlement requirements.

It does not surprise me that both parties are pushing the clock to the last minute and then some to get the best possible deal and to complete the difficult task of documentation.

JMHO,

Regards,
Corp_Buyer