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Message: Re: Some Thoughts ...ease
18
Mar 15, 2008 11:03AM

You posted -

"With the recent filings against PTSC by the "T3" and the "Patent Troll" document that reports of TPL's tough negotiating style, I am finding increasingly difficult to believe that TPL settled for peanuts against the J3.

You start running a marathon (26.2 miles) feeling good. As the mileage increases, the more energy and resources it takes to continue. Why would TPL run 24 miles only to give up for peanuts? I refuse to believe that they did. They could've given up long before and expended much less energy and resources ($$$).

I do believe that TPL did not budge much on their asking price based on the new filings by the T3, which shows TPL negotiated with the T3 for more than a year and did not budge on their asking price. I like that a lot. Add the "Patent Troll" document that stated TPL didn't give a lot of time for prospective licensees to negotiate, I think the trend begins to become apparent."

I wholeheartedly agree and would add another twist. After negotiating for the time that they did, do you think the J3 would have settled had we blinked first by significantly lowering what we were asking for??? I know if I were the J3, and TPL blinked, there is no way I would not take it to trial because the blinking would mean TPL had serious misgivings about the strength of their case. I dont' buy the argument that they would have settled to save litigation costs. If someone sues me for $100 million, and suddenly they are willing to accept say $20 million as we get close to trial, I'm thinking that their bluff has been called and I'll take my chances in court.


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