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Re: New Pacer--STIPULATION REGARDING STAY OF DISCOVERY AND DEFERRAL

Posted by: DDiligen on May 21, 2008 02:30PM

In response to: New Pacer--STIPULATION REGA... by wolfpackvolt

"TPL and Patriot filed complaints for patent infringement as to these three patents and U.S. Letters Patent No. 6,598,148 (?the ?148 patent?) in the Eastern District of Texas, Case Nos. 2-08cv-173 and 2-08cv-176 (TJW); WHEREAS, Defendants filed a motion to dismiss or in the alternative to transfer the action to the Eastern District of Texas"

Wolf or anyone, is TJW stand for John Ward of Texas court? If so, this is very significant news. Why?

We are all wondering the results of 12/18 settlement, speculating how much $ was received in Q3 and the possibility of getting more beyond Q3.

Case #1, if 12/18 settlement $ was all accounted for in Q3, this means TPL/PTSC did not get much from J3. Considering we spend more than ten million $ in legal fees just in Q3 along, it would be safe to say that it was J3 who won the Texas case.

Case #2, If 12/18 settlement $ was NOT accounted at all for in Q3 and all would be coming later, all is well and we won the case. The SP will explode when the sec filing reflect it.

Case #3, if 12/18 settlement $ was partially accounted for in Q3 (for example, NEC Electronics paid in full but not Toshiba and Panasonic), and larger sum would be paid after Q3, then we still won the case but the result was not as good as case #2.

Other cases in between exist. For simplicity, let's just consider above.

Notice that Case #1 is in direct contradiction to the new pacer quoted above. If we get so little for so big legal fees, is there any incentive for TPL/PTSC to repeat the same results in JW's court for T3 case? No! Unless we are stupid and mad, why would anyone does things like this?

To initiate new infringement case against T3 in JW's court or transfer CA case to JW's court, it only make sense that either case #2 or #3 is true. We want to get something similar to what we got from J3.

Why people are focusing on 5 to 1 R/S speculation more than the new pacer Wolf provided is beyond me. SP may go below the two year low at close. Shorts are having a upper hand now unless longs are thinking strait.

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