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Ipittydafoo

10/29/13 8:52 AM

#44546 RE: piratica #44538

Well I also think its about knowing / understanding your relative bargaining position in any litigation. While I agree with you, I don't think its ever that black and white.

1. VRNG has bills to pay, shareholders to satisfy, while they can't be shortsighted in their views here, they do NEED to consider that when assessing the situation.

2. Bargaining position, google can and will drag this out (as we've seen), now question is, is that lengthy process coming to the end of the line and can VRNG see the light so to speak or is this another 2-3 years of legal nonsense.

3. Alternatives sources of funds. If VRNG is in negotations with zte and feels they can and will secure a licensing deal in short order, well this changes the balance of power, as it addresses #1.

4. Google has been trying to utilize number 1 as leverage since day 1, that's been their strategy. Bleed them out, scare other trolls, if and when google settles, its at much better terms than being taken to the cleaners (from a VRNG perspective, granted 300 ml to 1.2 bn mean nothing to google).

5. Most importantly, legal position and odds. While they may believe they are in the right, there is always the chance that legally Google finds a way out, a way to minimize damages etc. This needs to be considered also.

With all that in mind, management needs to make their decision, not because they believe they are in the right and should win, but rather, what makes the most sense with those, and potentially many other, influences.