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Message: Re: Frustration.
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Jun 24, 2008 06:22AM

I think people are starting to miss what's transpiring, IMO. The reality is many of these companies simply won't pay until the last minute and TPL will gladly take the cash when they do. After talking with my relative several months ago it was obvious what Alliacense is up against. Sure their searching for a fair market value but it isn't the kind of monetary value investors have been throwing around. IMO TPL isn't in a position to apply pressure. Sure they have the Markman but both sides know the USPTO decision is the real beef. I doubt any of the potential infringers are running scared and TPL knows this. Once they show back up to the door with a newly re-issued certificate then I expect companies will start talking. Even when that occurs people shouldn't expect ridiculous numbers to pour in. IMO TPL will still be looking for a fair value that closes the deal and allows them to move on. This, IMO, is where the recent SP decision comes into play. They will hit the downstreamers seeking a reasonable monetary value. Applying pressure for huge settlements is pointless. Both sides have to feel like they were treated fairly and honestly, otherwise, you are a "Troll" just like so many outsiders imply. I think TPL is working hard to avoid that label. It's pretty clear to me the value placed on each license it meant to incourage infringers to resolve the situtation not litigate. IMO.

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