Repost of my previous take... with additional comments today..
posted on
Dec 12, 2007 06:33AM
Posted by: lake3054 on December 03, 2007 01:22PM
30 days came and went... no news. Bashers start appearing more than seen as of late... Perhaps no news of a settlement is EXACTLY what we need (and the BIG MONEY that pays the bashers knows this as well) Scenario: PTSC does not settle. Too much to let go for such a small amount. They always WANTED a court DETERMINATION that the PATENT is THEIRS and ENFORCEABLE. No more of this "let's settle for 2 cents on the dollar, (Insert George Carlin Word 1 here) let's get the judgement once and for all, for us and the shareholders.
Big Money now sees the lack of settlement as a positive... that as well as the Markman Hearing, the track record of the venue of the Court ...(odds in PTSC's favor..) and the fact that the J's big money and legal team has not gotten the case dismissed... even after all they have done to this point to do so. If PTSC was to have settled, Big Money would be less interested... in that at some point, PTSC will have (possibly) had to re-start the case if another (group) of infringers decided to fight the allegations... or they would 'settle' for cents on the dollar. Plus they still would have no legal proof (judgement) of the patents in their favor.
PTSC needs the Judgement. Now that they have shown they are willing, ready and able to take it there in front of the JUDGE, Big Money is now looking at PTSC much more closely.. and the bashers coming into the picture only strengthen that observation. The extra time in the meanwhile gives Big Money time to get positions established... at these prices... as well as those of us not falling for the FUD.
Then again... I could be way off the mark. But I have actually put MY hard earned money into my opinion... we'll see. I challenge a basher to tell me at what level they have or are in the process of selling PTSC short at. Put yer money (o.k., someone else's money technically for the 'short' term) where yer mouth is.. just be prepared to pay back that 'someone else' soon.
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-At this point, let's assume we do get a settlement.
Would the maket view the settlement (as well as the reamining companies left to settle) as being finally 'adjucated' as effectively as if PTSC had a court judgement?
Think of it this way... some of the highest profile companies fought tooth and nail to the bitter end (and spent millions, I'd bet) defending their companies, and STILL decide to settle BEFORE JW gets to bang the gavel. I would think that other companies would look at the risk / reward of trying to argue the case when the J's have already brought up all their conceivable defenses... and still decide it's better to settle..
Would that scenario be viewed as well as a true court victory / finding for PTSC?
Maybe we no longer NEED the victory (although triple damages sure sounds good to me at this point) for the rest of the companies PTSC is looking at to say "let's pay up".