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Message: Mediation
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Hello allI have mediated dozens of cases over many years. None were Federal patent cases (most were business litigation in state court), but the process is generally the same for the topic upon which I am commenting.
One of you noted correctly, that just because we don't have word of a settlement or substantive comment doesn't mean the sides are not talking. It would not be unusual if the two sides were still discussing issues. Assuming they have not "settled," in all likelihood there are still almost certainly matters of common ground, and both sides might well be trying to reach a resolution on this or that remaining issue.
Good mediators beat up both sides, and drag them together, sometimes kicking and screaming. But just because there has been no announcement of a settlement does not mean, as someone mentioned, that the Js are digging in and getting ready for trial. Indeed, I believe after our Markman result, the odds are exactly the opposite is taking place: TPL is digging in on a number higher than the Js are willing to pay--for now, anyway.
One of you noted correctly, that just because we don't have word of a settlement or substantive comment doesn't mean the sides are not talking. It would not be unusual if the two sides were still discussing issues. Assuming they have not "settled," in all likelihood there are still almost certainly matters of common ground, and both sides might well be trying to reach a resolution on this or that remaining issue.
Good mediators beat up both sides, and drag them together, sometimes kicking and screaming. But just because there has been no announcement of a settlement does not mean, as someone mentioned, that the Js are digging in and getting ready for trial. Indeed, I believe after our Markman result, the odds are exactly the opposite is taking place: TPL is digging in on a number higher than the Js are willing to pay--for now, anyway.
I think it unlikely we will receive any settlement news until the Higgins, et. al. ruling has come down, and it might even take the filing of a Summary Judgment motion to speed matters along.
Of course, I am not privy to any of this and base my comments on my own experience.
As with many of you, I am not happy with the SP, but I have placed my bet, and am not overly concerned that it goes up or down a dime or so. I am cautiously optimistic about our odds of prevailing in Texas, either with a settlement, SJ, or verdict, although nothing is ever certain until you can look at the money in your bank account. This is still a volatile penny stock, albeit one with tremendous fundamentals and potential (IMO). Risk, however, is inherent in this situation, as I believe most of us know.
Have a nice weekend. As Ease or Ads noted, time is passing and we will know (relatively) soon enough.
tps
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