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Message: Re: Larry think of it as a baseball game ! We just swung and

Doni, you are stuck on that reasoning which does not have any logic to it.

OK, OK, "these guys", as you put them, stick their noses in DM's face and say "we are only settling for the going rate, the one you settled with LG for, that's it, and stick it up your arse".

DM says, "OK, fine, we understand, by the way here is a supeona, we are continuing on with lawsuit and a Markman hearing will be coming up in a few months."

"Now you know if you are infringing or not, Mr Company. If you are and a Markman hearing decides you are, of course losing a lawsuit based on the Markman hearing will be many, many more millions out of your bank account, into ours than you would pay us now, but of course you know that don't you"

"And even if you are not infringing, which is highly doubtful since most likely we would not be suing you if you weren't, fighting us will be vastly more expensive then just paying what we ask now"

We gave you a choice to be the first in but LG beat you to it. You were also told number two would be more expensive and the closer to a Markman hearing would be even more expensive for you to settle"

"You chose your course Mr. Company and the price to settle now bears no relationship to the price LG paid" "We have raised the stakes"

"THERE IS NO GOING RATE", "Only the one we make", "Mr. Company it is your choice"

Doni, that is the game plan. A going rate is NOT written in stone. The going rate is what DM says it is and Mr. Company can chose to spend or settle....

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Nov 16, 2008 03:20AM
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