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Message: Re: PACER Samsung
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Mar 07, 2009 01:22AM

I'm still guessing here as we all are at this point but I'd say Duane Morris with Pat Nunley's guidance has set the bar high going after Samsung. After all they were once listed as a partner on our website, we were working with them back during the Dataplay days with no real result. As I remember, our engineers bailed them out at the CES in the ta da nick of time to result in a working dataplay prototype.

As gerb1 pointed out:

"Well Samsung is the world's largest supplier of flash memory and THE major supplier to Apple for most all of it's flash-based ipods and I believe iphones."

I can understand why Samsung would fight back if the settlement demand was significant. They're probably prepared to go the distance to a markman hearing and perhaps beyond.

I was hoping for a Samsung settlement without what appears to be an obvious roadblock but I'm not sure I'd view this as a bad thing. The fact that their lawyers have produced, what'd you say silver, 900 pages of documents, lends me to believe the monitary licensing demand was very significant. The lawyers expense to Samsung to produce that kind of effort must be hugh. So if there is a silver lining I'd say that the outcome of positive settlement is that the fee's are hugh. The down side is that a settlement may have to wait one or two years. I'm not sure if a new markman hearing date get set or they piggy back on to the existing Vivitar date that is already scheduled for May 2010.

Larry

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