Forgive me if this has been discussed, but I have not seen it. Maybe it is patently (no pun intended) obvious. I apologize if it is.

A friend of mine and investor in PTSC calls almost every day to express his concern that the case has not settled, and that J3 must "know something" or "believe" they are going to prevail, the earth is going to stop spinning, global warming is going to kill us all, etc. As a former litigating attorney (I decided to go into honest work a few years ago so that I would have a semi-clear conscience when I one day meet St. Peter), I have a slightly different perspective . . .

It is not always the defense side of the table that drags its feet in the realm of settlement.

There are many reasons for this, and this is of course only speculation. But my point is that there are different ways to look at this.

TPL/PTSC may be sitting on a very high number and has steadfastly refused to budge because it believes so strongly in the case and its chances. Perhaps J3 has offered to settle at something approaching reasonable money, and TPL/PTSC has spurned the offer.

I know that in several cases I handled (nothing remotely as large and complex as this) we set high but not unreasonable numbers and refused to budge, believing we had the law and the facts on our side. Eventually you have to you-know-what-or-get-off-the-pot. But until that moment arrives . . .

So what do we know? We know we are in a favorable plaintiff/patent jurisdiction with a capable and experienced judge and a great legal team; we have patents that some of the finest in the tech/law field have studied with a microscope and have declared valid; many other high-tech companies have shelled out tens of millions to license the technology, and they don’t do this without studying the patents we claim to hold and the liability ratios; and we know that J3 is deep in litigation with TPL/PTSC, a Markman hearing is approaching, and there is not even a whiff of settlement.

And of course, it is possible J3 does not want to settle or has not offered a red cent.

This litigation is extremely complex (as is the licensing process), and we don’t have any information as to settlement negotiations (assuming they have even taken place). But the fact that there is no settlement does not, ipso facto [by that fact itself] mean that it is J3 delaying any potential settlement. It might be "our" side, and if so, that might be a very good thing.  

All my very humble opinion only.