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OK, when you say the concepts of POC and Central Labs have always been very clear within the lab and medical community, it then becomes a term of "art", applicable within an industry, and the court will adopt it. Your description puts it all pretty firmly into Igen's pocket. When the POC is specifically excluded, and examples are cited which are the specific actions which a layman could perceive as falling into a doubtful area, it really nails the door shut. You spoke of Oragon Technica as a "partner", rather than as an entity in which Igen has ownership. Do I correctly guess that it is an entity which Sam owns or controls outside of Igen? I do see here and there where he is holding some of the small "crumbs from the table" in ventures which he or his family may own. Don't blame him at all, and I have seen nothing major. From my description, I am sure it was apparent that my understanding of OT was less than perfect. And John, I was totally right in my statement about the general reluctance of defendants to settle. That comes from observations of many years. However, you are quite right in recognizing that Roche certainly wants to be involved in all aspects of Igen's technology. And the current trip Sam is on is more than just checking the opportunity for settlement. They may not want to settle but they do want to bid for POC. The visit is letting Roche have an opportunity to come to the bidding table for the POC, and a settlement is simply part of the cost of the bid they will have to make. Yes, yes, yes! It could certainly happen. |
