Agreed, and also as I think more about it...
DM would have already had a figure in mind before talking to any company based on the numbers/value of infringing products. If a settlement were offered that was way below that starting figure, I can’t imagine that DM would accept it. So again if the figure was $50M for Samsung, what are the odds that they offered us $40M this early just for us to go away? More likely I think that we’d let Olympus off the hook relatively cheap if their starting figure was under $10M.
As you say, less money left on the table.
- Sinkman