gocougs, I think most settlements for PTSC were post Markman decision but I only seriously followed their activities for a few months.

Strictly from memory... PTSC had a Markman win which I believe pushed the share price up around the $2 range sometime in 2006 I think. They were headed to trial against 3 big defendants which settled just before the trial (practically on the courthouse steps as they say) in January 2008. The share price was around 50 cents or so and I had bought in not too long before that with some extra funds, but I refused to trade any EDIG for PTSC since the last thing I needed was for EDIG to take off while I was out of it. Explain THAT one to the wife!

Anyway in April 2008, we found out that PTSC (who had lots of help from the other company involved, TSB or some such - I forget now) settled for much, much less than conventional wisdom had pegged it... and it’s been downhill for them ever since. I bailed along with many others the day financials were announced; selling most of my 50+ cent shares for about 36 cents. Ultimately I put what was left over into EDIG. PTSC did hurt me some, but not nearly as bad as it could have if I had let it. I controlled myself even while everyone was ABSOLUTELY CERTAIN the settlements were going to be huge. So much for conventional wisdom, eh?

One thing I believe though is if we are successful with the Markman decision, that DM will NOT be settling for piddling small amounts in the same way that PTSC did. In case of a Markman win, our settlements may still not be as much as some may dream, but I bet they’ll be reasonably fair to good and very significant for us in any case. The good folks at DM have to eat too and I think we’ll be pleased with whatever they are finally able to negotiate.

Put another way: given a favorable Markman decision and settlements thereafter, I doubt that the total licensing amounts showing up in the later 10Q(s) will take any wind out of our sails like it did for PTSC - rather quite the contrary. IMO, of course.

- Sinkman