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Message: I've been on both sides....

I've been on both sides....

posted on Dec 09, 2008 07:44AM

of a "forced" Mediation, won two and lost one.

The bottom line is we really won't know who wants what. The legal case is one thing, but what one party actually wants out of the deal may be be entirely different and completely negotiable at a Mediation hearing. I will not be surprised if Wencor is the third licensee of EDIG's patent portfolio as part of any settlement agreement. "Payment" comes in many shapes and sizes. The judge doesn't care as long as everyone leaves on time without stealing his vintage Monte Blanc. He wants a deal to be signed or, at a minimun, agreed to in principle.

IMO, a lot has to do with how mad the pear shaped wonder may still be -- IF he is actually part of the process on Tuesday. If he is still pissy, EDIG may have a long day as he can instruct his legal eagles to keep this case floating in the legal system toilet. It is his money to waste. My hope would be that this mean ole copy cat is tired of the distraction and wants to move forward with his business with something to brag about down at his local donut shop.

While not quite as stressful as a good grilling in a deposition room by a talented opposing attorney, Mediation can be taxing. I was the one who had to decide what we would accept / pay. That is truly being in that spot between a rock and hard place. No matter what you accept, somebody will claim they could have done it better. I usually had two words for them and those words were not “Merry Christmas.”

I trust EDIG is well represented and I suspect DM may have someone there as they have vested interest. I like that thought.

Just my opine...and, as always, worth exactly what you paid for it.

John








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