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AZDesert

02/28/03 12:18 PM

#11539 RE: teecee #11537

IMHO...in all this talk about win vs lose and trial vs settlement you must heavily consider the arrogance factor. Not the arrogance of the old CEO or new CEO, but rather the old family money and players behind these puppets. And, if you do consider the arrogance factor, then events like trials, appeals and a cease and desist order become real potential options and effect the time line for realized earnings and cash flow.
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Clarence

02/28/03 1:07 PM

#11556 RE: teecee #11537

teecee - I don't do litigation any more, but back when I did, we sometimes settled cases after trial. If you face a lengthy (meaning "expensive" - in terms or time, legal fees, lost opportunity cost) appeal, you might well choose to settle post verdict.

I did not understand your reference to AZDesert about being afraid of a jury verdict. Everyone would love to see the jury come down on their side. In a patent case - certainly one as big as ours - it is just unlikely to be the end of things. A verdict in our favor would undoubtedly makes things stronger for IDCC in some ways. But the company's situation is incredibly complex and the considerations are much broader than this litigation. We know that other people's royalty rates are tied to the outcome. There are more technologies to be developed and brought to market. What happens in the future? The relationships are just too complicated to reduce to mere cost-benefit considerations over one lawsuit - even one as large as IDCC/ERICY.

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osoesq

02/28/03 1:32 PM

#11560 RE: teecee #11537

The courthouse steps go in and out. Lots of times, the settlement is accomplished on the way out of the courthouse, either during or after the trial. That won't happen, here.
Both sides have too much to lose with the disclosures which would, inevitably, take place in the courtroom.