EDTA (was GIFT) Message Board

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Technology Stocks : EDTA (was GIFT)

EDTA 0.000200

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Mar 7 3:00 PM EST

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To: Steven Durrington who wrote (700)	8/28/1996 2:42:00 PM
From: OHL	of 2383

Steve, yes legal proceedings will likely be protracted here also. I believe that at some point the upper management of some of the defendent companies may take a hard look at the costs of litigation vs. the cost of settlement. They may also get another legal opinion from a patent lawyer not directly involved and a accounting opinion. I know I would. Further, I probably would never mention it to my defending counsel. Here is what I'd want to know as a second legal opinion: I'd preface my remarks by saying, look Mr. Lawyer you are hired only for opinion as I have my litigator; what I want from you is additional unbiased information. I do not care how devestating or rosy your answers are I want them! Just tell me like it is. Can this be defended and my position held until the end? Is my attorney handling this right? Will I win a battle but lose the war? What do you think the downside to licensing would be? Exact dollars? Is my attorney creating a train of gravy for himself? How long and to what cost do you estimate as the worst case scenario? Then I would take that information assimilate it and remove myself from the arena to make a decision. If the cards were stacked against me on every front, I would probably decide to settle. Then I'd go back to the business of creating real value for my company. I'd rather explain settlement than defeat. Everyone (including a defendant's stockholders) are likely aware that patents exist and would likely understand settlement. What stockholders do not probably like is a losing lawsuit and a CEO who looks "not to bright" at the end of the day. Everybody must think what will be best for them and their company in the short term and long term. Of course some may get upset with me for settling but I venture to say more explainations would be in order if I spend a ludicrous amount of time energy and money and lost the case. Especially if the court ordered treble damages. You see my point? Who knows if any CEO would do this. They certainly could if they wanted too. Well, I am just thinking out loud and exercising my opinions. It takes a "belly full of guts" to stay in this one, but I plan to stay until the end. Debra Watson

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