say with absolute certainty that the business resolution is nothing more than business as usual (grant/license), or that the words business resolution are saving face words?
Maybe they are words which indicate that an outside party (mediator) was involved all the way to reaching a business resolution. Isn't it also possible that this business resolution is NOT business as usual licensing?
Please read the following account of what took place in Eolas vs. Microsoft....sound similar?
Eolas vs. Microsoft
1990 Eolas filed suit in US District Court (IL) against Microsoft over validity and use of patent
August 2003 Fed Court in Chicago ruled that Microsoft must pay $521 million for patent infringement
March 2004- USPTO re-examined and initially rejected the patent. Eolas submitted a rebuttal
June 2004- Microsoft appeals
Sept. 2005- USPTO upheld validity of patents for Eolas
May 2007 – USPTO allows Microsoft to argue ownership of the patent after they reissued a Microsoft patent that covered the same concept as the Eolas patent
July 2007 – both parties agree to delay a pending retrial in order to negotiate a settlement
August 2007 – Eolas reported to its shareholders that a settlement had been reached – the exact amount and terms were not disclosed
Sept. 2007 – USPTO upheld validity for patents for Eolas
http://en.wikipedia.org/wiki/Eolas "We are pleased to inform you that Eolas Technologies Inc. and Microsoft Corporation settled all claims between them in the Eolas Technologies Inc. and The Regents of the University of California v. Microsoft Corporation litigation on August 24, 2007. the Settlement Agreement prohibits Microsoft and Eolas from disclosing the terms of the settlement. We hope that you will understand we simply cannot now or in the future provide any confidential details regarding the terms of the settlement," Swords revealed in a letter published by SeattlePI. Microsoft confirmed that indeed the two companies reached a settlement but a representative from the company declined to comment further. In June, the Redmond company was permitted to argue the validity of the patent held by Eolas Technologies related to the integration of ActiveX in Internet Explorer. This move seems to have pushed Eolas Technologies into a corner and forced it to deal directly with Microsoft after for more than eight years the lawsuit dragged along. While the financial terms remain undisclosed it is safe to assume that Microsoft did not cough up anywhere near the original $521 million.
"The litigation with Microsoft has taken a great deal of management time and effort and significant financial resources. We are pleased the we now can focus our resources on commercializing our existing intellectual property portfolio and developing new fundamental technologies. During the next several weeks, the management team will complete planning the Eolas' post-litigation strategy and budget," Swords added. "Although the Eolas Board of Directors has not determined the amount of the per share dividend that will be paid to the Common Stock shareholders, the Board anticipates paying a dividend of between $60 and 472 per share." http://news.softpedia.com/news/Microsoft-Cuts-Half-a-Billion-Dollars-Price-Tag-on-Internet-Explorer-64209.shtml
