<If it was "fair" for TPL to accept my mythical $1.00 because invalidity became a stronger defense than they had originally planned, then what was "fair" under the circumstances would not be a "win". Conversely, if negotiations were concluded based on an agreement that both the Markman result and the invalidity issue were both likely to be favorable to TPL/PTSC, then the settlement number would be much larger and we could likely say that our side "won". >
I think everyone here would agree to the above statement, however, since we do know know what actual settlement was, people still have to make day to day decisions on what to do. Buy, sell or hold. Unknowns = potential risks = potential opportunities. Certainly you are not suggesting that people avoid doing anything. And I think that is the point that many are grappling with when conversing with you on this subject of settlement. You appear to be saying do nothing because we do not know if settlement was a win or not. If you are not saying that, then we are in complete agreement. Opty
