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To: Ausdauer who wrote (16571)11/13/2000 6:54:31 AM
From: JRI  Read Replies (1) | Respond to of 60323
 
"Settlement Conference" ....looks like a misnomer..

If you read the link, it says settlement conferences take place on Tuesday, Wednesday and Fridays (I think)....if you scroll down to the part about SNDK, it looks like SNDK is on the docket for Monday, but then the term "Settlement Conference" (right below SNDK)refers to those items COMING AFTER the term "Settlement Conference"...ie, those items listed on Tuesday...

SNDK is not among them, listed on Monday. So, to me, it looks like SNDK is not involved in a "Settlement Conference". Hopefully, I am reading this correctly..

Someone please tell the markets that someone will be our President on January 10th, and not to worry..



To: Ausdauer who wrote (16571)11/13/2000 5:42:06 PM
From: Art Bechhoefer  Respond to of 60323
 
A settlement conference would most likely NOT be heard by the trial judge. A lesser official, often a magistrate, will preside. The fact that a settlement conference has been scheduled looks very promising to me, for the following reasons:

1. The initiative here is most likely from Lexar, which does not want to risk a jury finding intentional infringement (resulting in treble damages for any award).

2. A settlement means an immediate resolution of the matter, most likely with an agreement that neither side will appeal; or in other words, that the sides will agree to a dismissal of the suit with prejudice. The term "with prejudice" means that the suit cannot be brought again.

3. If a settlement is what the two sides are after, it will most certainly give SNDK access to Lexar's controller technology and result in future royalty payments by Lexar to SNDK. I don't think it would require royalty payments for prior infringement, as one of the terms of the settlement is probably that Lexar admits no wrongdoing. There would probably be some payment of legal fees to SNDK if SNDK prevails.

Art