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Message: d2006s / Re: LambertsL: So are you saying that you do not believe we are entitl
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Dec 17, 2007 04:56PM
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Dec 17, 2007 05:53PM

I certainly think that TPL/PTSC are entiled to the all the damages that the law will allow.  However, if this is a settlement, we're not talking about what the law allows, we're talking about two companies PDS & J1 or J2 or J2.5 making a business deal.  That's completely different, and that will be based on what is in each's best interests from a business perpsective.  If TPL/PTSC want maximum value, they need EVERYTHING to be decided in their favor, and then they need to take this to the finish line from a litigation standpoint, includeing the inevitable appeal process.

IMO, Roger Cook will be advising TPL/PTSC that he thinks the chances of wining in litigation are X%, and the likely damages are $Y based on a full win, and then looking at the settlement values and saying, GREAT DEAL, take it and end this now, probably a good deal, take it as it's not worth risking losing,  maybe a good deal, not such a good deal etc., and then TPL/PTSC will have to decide whats more important, risking it all for potential nothing, or taking 60 cents on the dollar and declaring a win, and using that hammer to pursue everyone else.

I'm enjoying the moment very much, ESPECIALLY if we find all the J's have settled.  I think a $150M settlement will be killer good, and will continue to enjoy that moment.  More and I'll be ecstatic.  If I were expecting over $1B, and got $150M, I'd feel bummed.  That's my point.

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