My opinion on settling
posted on
Jan 15, 2010 12:33PM
Further thoughts on settling
It seems obvious to me ( maybe I am wrong) that if a company like samsung eg is presented with a lawuit for infringement the first step would be for samsungs patent ip lawyers to look at the patents from every angle and determine if the suit has any merit . If no merit then they would prepare a brief or motion for dismissal which probably would not cost samsung more than say 50,000 on the high side
Having said the above instead of doing the above they went back and forth with edig and came to a settlement rather than going to trial
many here have labeled it a nuisance settlement. if the case were a nuisance non merited case surely samsungs first move would have been to get a dismaissal. I believe they never went for a dismissal
Wheter edig should have gotten more or not we dont know as we dont know what went on in the negotiations. We dont know know if there are future dealings with samsung or if it is a one time done deal .
My understanding is if lawyers bring frivilous law suits to court then there are ramifications for doing so with the bar . No lawyer wants to get in trouble with big brother bar association. The fact that dm took the cases on contingency and none of the companies moved for dismissal as I understand it tells me that edigs patents have merit and value .It is a logical deduction I believe on my part. I did not confer with any attorneys even tho I have many avaialable to me and I dont claim to know the law as well as any attorney . Again its simply what I feel to be a logical deduction on my part :-)