No, IMO they are fighting the lawsuit to the death, and if they lose will appeal, they will do everything possible to delay payment. Only at the last moment will they settle, maybe just before trial, or after they lose and appeal, and just before the appeal is heard if they are un able to see the patents overturned.
Would you risk Treble damages and possibles injunction/supply distruption to prolong the inevitable?
Do you think if TPL/PTSC wins the trial the cost for an appeal will be any cheaper (legal cost that is). I am not that smart but I seen in certain cases (not patent lawsuit but in the oil business) where the judge ordered any interest bearing account (escrow type) interest earned will be forfeited to the plaintiff after the case was tried and the plaintiff won.
Also would you risk pissing off the Judge for the stay situation etc..
"We expect our streamlining efforts to be very helpful to all involved, especially the Court and Jury in reaching their decision at the five-day trial," said Dan Leckrone, Chairman of The TPL Group. "We are confident we will prevail." He confirmed that TPL is pursuing damages for past infringement, penalties for willfulness, and an injunction prohibiting further operations in the US."
glta
Tom