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HighRider

04/15/12 6:51 PM

#56320 RE: litton51 #56312

In doing that, a person has to be knowledgeable enough to know what cards one has to play. If the case stinks and the receiver sees that the best hope for any money for shareholders is to settle prior to the markman hearing, that would be his job to determine the potential outcome. If it appears that calypso has a high degree of probability of getting a favorable ruling from the Markman hearing and the receiver settles prior to that, we would have been sold short. Since you nor I have all the information necessary to determine that probability, I'll leave it to the receiver and hope the case looks good enough to continue on. It would be wrong of the receiver, if knowing he had a crap case, he went on to the Markman hearing and lost. He would have maximized the shareholder return by accepting a settlement before the markman hearing. So it's really the receiver that has the huge responsibility to make that determination for us shareholders. At least we don't have former unelected management making that decision. So really "maximize" is a relative term and dependent on the possible outcomes.