Agoracom

Look at the most recent filings against us in Cal. I recall within the complaint at least one of the companies alleged that they were negotiating for 14 months and as late as 2008, but couldn't come to a resolution. Now if TPL was having a fire sale as some suggest then why file suit. More importantly why state in your complaint that they've been negotiating at all... just state the patents are invalid. They are suggesting that, if the patents are vaild (which they probably believe they are - otherwise why the long attempts at negotiation) TPL is asking too much. The language discussing negotiations (which by the way specifics about negotiations are typically inadmissable at trial so as not to discorage parties from trying with the threat that it will be used against them), IMHO, is there attempt at saying to the court that we are trying to work it out so even if we lose, don't hit us with any willful infringement as upon being notified we began good faith negotiations.

This is all IMHO, but any other explanation that I can think of does not make any sense. If we have lowered our asking price, and these companies were willing to discuss settlement, there is no way they spend the necessary time and money to litigate.