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Message: It's never simple with these players, IMO

Re: BLunist334 excellent March 28 post

I don't frequent this board everyday, or every week, so my reply is dated. But that delay allowed me to consider my previous comments again before I reply.

IMO the ITC decision will be a significant event. But like in the past all court or agency decisions may be 100% favorable or 50% unfavorable or something inbetween; Limited or General Exclusion Orders, for example (these may or may not apply here).

The ITC has no authority to award monetary damages. Instead it offers eclusion orders and cease and desist orders. Granted, such an order would be a great incentive to settle, but the legal system + big dollars seems to be very good at delaying favorable financial outcomes, which is all that matters.

My last point: Last year I bought a new release iPad online to avoid the rush at the Apple store and get the iPad sooner. I purchased it from Apple online. To my surprise the unit was shipped to me directly from China. "Ecommerce, generated $231 billion in sales for U.S. retailers last year, and is expected to increase 13% to $262 billion this year" I couldn't find statistics on ecommerce sales related to electronics, but I'd guess it's higher than 13%. I'm not sure that an ITC Order can be totally enforced, or even 50% inforced given direct delivery imports.

In spite of all these concerns, I agree that this time the results could be different, just as I've agreed in the past when we all were discussing other legal manuvers.

Don't forget, I'm Cautious, and could be making a mistake.


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