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Message: Re: Settlement?? Gohorns
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Jan 11, 2008 06:25AM

Re: Settlement?? Gohorns

in response to by
posted on Jan 11, 2008 07:02AM

I recognize your concern, and I'm sure this is precisely why our PPS languishes. This concern can be effectively argued either way. But KNOWing that silence is a discrete condition of the settlement should alleviate this concern to a very large degree. It isn't like PTSC is voluntarily withholding this detail. It's part of the deal, and failure to comply would kill the deal. So considering all that, and PTSC's strict compliance - not even taking a chance of giving a slightest perception of non-compliance - strongly suggests that the deal was indeed very favorable financially, IMO. All this on top of the fact that it's pretty obvious that the defendants imposed this condition (since I'm certain, even if PDS only got a measely $100M - out of which would come legal expenses - TPL/PTSC would want to broadcast this to the world to enhance future negotiations).

And the way things shook out re: mediation and (probable) events surrounding that period of time strongly suggests our team had the upper hand, IMO. But if the opposition is willing to pay extra for silence, perhaps a lot extra, why not take the money and get the deal done? Now think of this in trying to figure the settlement(s) amount: the value for the silence, in addition to getting the deal done, had to equate to a percieved value for the "bragging rights" lost (at least temporarily, perhaps forever as to specifics). So now, how many other negotiations would this affect, potentially? What's the value associated with that?

And I'm still convinced we got more than a minimum of $100M out of the Js. Fujitsu settled for $32M, prior to escalated legal expenses, court results (Markman, motions), and they aren't as big an infringer as any (I beleive) of the remaining Js. As I've posted before, doing a "minimum" calcualtion is simple. But apparently the street doesn't know how to use a calculator. $100M / 2 = $50M . $50M / 391M = ~$.125/share (pre taxes, after taxes ~$.075/share). Apply our current, ridiculously low P/E of ~12. 12 X .075 = 90 cents, ignoring any other licensing. Maybe this is how Dutton is getting their number?

All JMHO,

SGE

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