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Message: Injunction

Thanks for your response.  I did see that post by kidd.

What I was thinking before posting, and perhaps it's my legal ingorance showing through, was that this would proceed through the trial phase, PTSC/TPL would win, and then the J's would appeal.

After winning and before the appeals are litigated, I assume that the J's can delay any damage payments until the appeal process is completed.  I was thinking that if that were to happen, at that point, TPL/PTSC could seek the injunction.  Maybe that's not how it would work, based on yours and kiddtrader's posts.   Is there any chance at that scenario playing out?

The way I see it is that considering the sizes of these companies, a trial loss, even with treble damages, probably isn't something that would cause any of these three companies too much pain.  For discussion purposes, if it were such that PTSC/TPL is seeking $500M in damages from the three defendants, then even with treble damages, that's $500M each.  First off, I'm not sure how frequently juries really award treble damages in cases like this.  I suspect not that frequently.  That being said and not to downplay that amount as it is substantial, it wouldn't put too much of a dent into any of their operations, IMO.  However, an injunction would cause them terrible consequences.

So without an injunction, I can see the J's gambling that they might pay out between $100M to $500M each at the potential chance they won't pay squat, rather than settling for $50M to $150M each and having to pay for sure.  So if an injunction is not possible or at best very unlikely as you say, perhaps this will go to trial.  If an injunction IS an option even if only at a 25% to 30% chance, there is NO way that they will go to trial IMO.

Either way, I'm expecting a settement and am prepared for it to be substantial, though less than we all are hoping for.

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