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Replies to #1906 on DSS Inc (DSS)

BostonTrader

08/13/13 9:29 PM

#1907 RE: Chas1961 #1906

Yep, I think everyone agrees that at this point the Markman is the most important short term item. It just baffled me because I thought Novell was settled, yet he is saying they are managing it to see the good result we all want. Hmm, got me on that one.

Overall though, I thought it was a good call. There was good information shared and I think the next 4 months are going to be very busy between the Markman, Authentiguard and more IP related activity.

They very much went out of their way to shed a bit more light on the SP decline since the merger. Overall though, I do not see a lot of downside from here and was happy with the picture painted and will continue to add.

coolerheadsprevail

08/13/13 10:10 PM

#1908 RE: Chas1961 #1906

I am not 100% sure dismissal equals settlement yet.



DSS' IR mouthpiece specifically confirmed that Novell settled via the email correspondence w/Justin Giles, which Justin published in his most recent SA article. Here is the specific language:

"While I can confirm that a settlement has been reached with Novell (evidenced by the court's dismissal of the case), DSS management, along with input from their legal counsel, have determined that a press release announcing this settlement is something the Company is not allowed to do under the terms of the agreement. This decision to not publish any details of the settlement by the Company is based on the terms of the agreement reached with Novell and, according to legal counsel, in accordance with SEC reporting requirements for this specific event."

As I had posted previously, IMO (and IMO only so take it FWIW) it is probably best to put the monetary quantification of Novell on the back burner until Q3's Q comes out. Just like in middle school algebra, it's one thing to try to solve an equation when there is one variable, but it becomes impossible when there are too many variables. At this point in time, there is too much of an information void that there really are an infinite number of settlement scenarios that could explain Ronaldi's seemingly cryptic comments re: Novell.

As postyle had alluded to in a prior post, settlement terms can be anything under the sun. It could be that the framework is agreed upon but a specific metric is still TBD, which both parties agreed would not be a deal-breaker. It could be that there is a contingency element for which certain other actions must occur first before the final amount is known. It could be that there it is completely unlike the BVSN/JIVE settlements and is comprised of a lump sum (or primarily a lump sum), and it is DSS who is the party that does not wish to disclose it.

WHO KNOWS??? These are just the first three that came to my mind; there are countless more scenarios. Point being that with the non-existent info currently available, each scenario is just as likely as any other, and until we have more info that can turn some variables into constants, it is truly an exercise in futility to hash out scenarios if there is no basis by which you can begin eliminating some of them.