I'll bet we got what we were asking and we as shareholders will like it..... From the Pacer docs.
Toshiba’s whine: Furthermore, as noted above, mediation in this case is scheduled for the week of September 24, 2007. If Plaintiffs' schedule is adopted, amended infringement contentions would not be due until three weeks after the mediation. In such a situation, neither the Defendants nor the mediator would know Plaintiffs' ultimate infringement theory, what products remain in the case, or the Defendants' financial exposure. It is difficult to imagine how a good faith mediation can occur without the parties knowing what is at stake. It would be extremely difficult, if not impossible, for Defendants to properly assess their settlement positions without Plaintiffs' amended infringement contentions. TOSHIBA DEFENDANTS' OPPOSED MOTION FOR CLARIFICATION OF P.R. 3.6 Pacer 9/5/07 message 5802 on I-Hub.
Our attorneys response (Roger Cook TTC): Indeed, many cases have been successfully mediated with far less information than the Toshiba Defendants already have in this case. Moreover, neither the Toshiba Defendants, nor any of the other defendants in the case have sought to delay the voluntary mediation in this case -- for the simple reason that the parties are all well aware of each other's positions. PLAINTIFFS OPPOSITION TO TOSHIBA DEFENDANTS' MOTION FOR CLARIFICATION.
5th Pacer 9/11/07 message 5858 on I-Hub
Thanks Wolfe. Sorry Agora I couldn't find the info here.
