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Message: ease2002 / Re: ease2002,
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May 01, 2008 12:04PM
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May 01, 2008 12:11PM
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May 01, 2008 12:15PM

I'm no EE, so I'm talking over my head here, but what about the idea that the J's products that infringe on other than the 584 are minor, and they agreed to settle and pay based only on that for now. TPL' s reasoning to agree would be to tout a settlement, get much needed cash to fund operations, and to put the major legal stuff behind, except for the ARM issues. Perhaps the arrangement even has the J's agreeing to a fee to be paid in the future should the 584 go our way (hence the MOU). In exchange, the J's say OK, so they can put it to rest for now, limit their exposure now & down the road, and still retain the ability to sue for legal fees and the original fee in the unlikely event the USPTO goes against us. By agreeing to the MOU at a fixed fee based on specific future criteria, they limit the exposure that court would have in the event all goes well for us with the 584.

I remain fairly convinced that the settlements have fully been paid and there are no ongoing or recurring payments. However, a future payment contingent on the unresolved 584, fits into the MOU issue, perhaps. J's win because they control the future payment through settlement. We win, because we get cash now to fund operations, and probable cash in future, and can focus on just the 584 with respect to the ARM rather than waste resources battling with the J's.

Just a thought that may be bunk if the 336 is the big money patent for us with respect to the J's. But if not, hmmm.......?

PS. Beware of Roethlisberger, Parker & Mendenhall all in the backfield at the same time! Reminds me of the year Franco AND Rocky Blier each rushed for 1000 yds in one season. Be afraid...BE VERY AFRAID!!!


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