As I posted yesterday, I believe that our team is just staying in the good graces of the court, cooperating in the directed mediation process. If mediation ends without success, I would think THAT would be the time (immediately) to file a motion for summary judgment. At that point, would we have ANYTHING to lose? In the mean time it serves as a hammer for pressing for more money in the mediation process.

When we file on all three patents, chances are that the Judge will rule in our favor on one or two (based on the Markman results), and possibly all three patents. All we really need is ONE, and two would be peachy. I really don't care if we have to go through a trial on one friggin' patent (probably the '584). With the one or two rulings in our favor, if no settlement is reach PDQ, then we can again push for an injunction. And I would think that the chances there would be vastly improved.

How could ARM (or the others using ARM designs) avoid the "willful infringement" prerequisite to an injunction when ARM has cited our patents (the '336 and '148, I believe) as the basis/prior art in their patent applications? Kind of hard to plead ignorance. So an injunction may be in the cards.

And all of the above has to have been considered by the defendants. We are in mediation negotiating from strength (again, due to the Markman result). The opposition is negotiating from a relatively weak position, with all of the above looming. The pressure must be intense. And the dollar amounts being thrown around must be huge.

The above is how I think things will unfold in the litigation, unless a settlement comes sooner, abbreviating the process. And here I'll throw in "settlement" (singular) versus "settlements" (multiple, with more than one litigant). Another wild card. What happens if Toshiba settles? More pressure on the others. This is another "place" where I think it would only take one to make the opposition crumble.

Now, having said ALL that (novel in process!), take one giant step backwards to get a broader view of the overall situation. The above only has to do with four infringers. What will be going through the minds of the other 400+?

Per Leckrone in the Bull PR, things have intensified. Any of the probable (IMO) events above will prompt more intensity in the negotiations with others.

So, while I may be wrong on some aspects of the above, is it probable that I'm totally wrong? If I'm correct in only one or two aspects, we're still golden IMO. But I could be totally wrong, meaning that we will go to trial, still from a position of strength. And I'm sure some would prefer that outcome. Not me.

So I'm thinking that we are SO CLOSE to the big "cashindo". Not more than a month or so. And maybe it will just be a "partial cashindo" from the current litigants. Good enough, IMO, because of what that will do to the other 400+.

Also good enough because any event will prompt action on the PTSC trading. Volume to enable elimination of all remaining warrants. Bragging rights to support the PR blitz. Much uncertainty removed. Clearer picture from which Turley can announce that we're going with plan A, B or C. Lots of positive fall-out.

Can you tell that I'm pretty optimistic? Someone tell me all the down sides. How the BoD will somehow mess this up. How there is no pressure on the litigants, or the 400+. How none of the above could possibly transpire. Where I'm out in left field.

I'm even optimistic on the '584 after reading NathanHale's posts. Input from the knowledgeable. Know nuttin' guys like that stuff!

We've got all weekend. Shoot holes in my thoughts. Call it "balance". I'm obviously leaning very heavily to one side. OURS.

All JMHOs,

SGE