Re: Pressures to settle - ignited
in response to
by
posted on
Jun 25, 2007 06:10PM
"On a different note: I hear Ron telling us there is no pressure to settle. J2 J3 can wait."
Keep in mind that Ron's take is purely from the legal view. IMO, it ignores other pressures being felt by the defendants, as I have brought forward in recent posts. ARM is getting pressure from their customers. The Js are under pressure business wise in that a settlement could put them at a competitive advantage against their competitors; or they could be seriously disadvantaged if a competitor beats them to signing on the dotted line. There are undoubtedly a multitude of other business "pressure points" that we can't even fathom. But competitive advantage is one that is easy to grasp.
With regard to ARM: what IF they carry this through to a jury trial and lose, suffer a huge damages amount, then treble damages - all for past infringement (since I can see NO way this litigation could result in levying damages for future infringement). How much is a license for future infringement going to cost them? Will they still be competitive? Keep in mind that all past settlements made covered past AND FUTURE infringement.
Then back to the Js and all other ARM customers: Will they still want to use ARM products at a probable higher price, or look elsewhere? Will they have to reconfigure their products to accomodate a different chip design? How much will that cost?
Pressures? Maybe "not so much" from a pure legal standpoint, but perhaps the above sheds a light on the multitude of other pressures out there, on all litigants (and all infringers, for that matter, though I suspect that "others infringers" are being held off till the Texas story climaxes).
And I could go on and on (as everyone here KNOWs! LOL), e.g., past discussions re: the "deciders" at each company and their legacy that may be largely dependent on their decision in this case - ready for forced retirement?
Many factors in play, many pressures being felt. The nice thing is that all the really big pressures are on the opposition. Is there any real pressure on our side? So, perhaps in conflict with Ron, or perhaps not, I suspect if anything holds things up/slows things down, it'll be more likely due to action/inaction of "our guys" - holding out for a bigger number (though I honestly believe they are as anxious as we to get this litigation behind them).
But I KNOW nuttin'!
SGE