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Message: Settle?
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Jun 01, 2009 09:31AM

Our contract with DM also splits the contingency fee 50/50 instead of 60 /40

I’m surprised no one commented on this. How did this come up and why the change? Do you think it is how DM is being compensated to allow for agreements containing cross-licensing agreements?

Regarding settlements I understand this is DM’s stated strategy/philosophy... and maybe it works out okay when considering 184 infringers, but I don’t know how they ramp up against that many in a few years time without a very solid stake in the ground - like a favorable Markman decision. My hope is still that DM intends to take Samsung through Markman; and that they will soon file against several other companies who will then feel pressure to settle as February 2010 approaches. There’s no telling how long we would have to wait for another opportunity at a trial/Markman with another company at this point - could easily be 2-3 years out. I just think that February 2010 seems very close at hand and that Samsung is an excellent choice for "putting the screws to".

a lot of things going on behind the scenes with regard to IP doesn’t have to mean a Samsung settlement. I think it could mean that a lot of new infringers are being targeted and will soon come to light.

- Sinkman

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