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Message: A Football Analogy

Not REALLY!

1. if you put this in the hands of a jury, your side has lost the argument...and is handing the football off to a bench-warmer, ie the jury.

Actually, you've argued your points by then, and the jury is simply the decider as to whether you've argued successfully

2. i would much prefer to have my destiny in my hands. not an unknown party.

Maybe so, but if your claims are for $50M according to you, and you have a very strong argument to back it up, why is it better to negotiate a $10M settlement on your own just to keep destiny in your own hands.

3. a jury trial is not a slam dunk. lose the jury trial and you out, out, out of settling for major bucks with the remaining 400 users.

Maybe so, but isn't that what we've been doing anyway? Now WIN a JURY TRIAL, and .........

4. even having a judge make the decision is risky ... how did the J-3 work for you? how did the ITC work for you?+

The J-3 followed your "keep destiny in your own hands" advice. And the outcome sucked! The ITC was a strategy they tried, and while the ID went against us, if the NDoC goes for us, the ITC won't matter much.

5. i have never heard Lecky say he was afraid of a jury trial or that he would not go to a jury trial. what i hear him say was that he was interested in cash...cash in his pocket.

Unfortunately, Lecky is all to quick to reach into our pockets or Moore's, or Brown's, to get cash as much as he is about getting it from infringers. He's not the only party to this case, despite the control he's wrestled away from us and others.

6. Lecky guided this thru ...how many 17...18 ..21...everehow many... successful patent challenges. Yes, i trust him and mr O. and the damage valuation expert and our BOD to make good decisions on settlement amounts.

Maybe so, but I'd venture most here do NOT share your veiw.

7. Marc, sir, with all due respect, the only comparison to football is the monday morning quarterbacking done by you and others.

Heck, if your boy Lecky can pull a Joe Namath as he claims to be capable of, then you'd be pretty wrong about that as well.

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