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Re: Microsoft and TomTom settle


From: Rjack
Subject: Re: Microsoft and TomTom settle
Date: Wed, 01 Apr 2009 19:44:00 -0400
User-agent: Thunderbird 2.0.0.21 (Windows/20090302)

Rahul Dhesi wrote:
Tim Smith <address@hidden> writes:

The only conclusion drawing has been from you--you've concluded that because you don't know the details, it must have been a tiny
 settlement.

Whenever anyboby acts in a manner contrary to his normal behavior, we should look for an explanation.

Ballmer and Microsoft brag, and brag often, and would not give up another opoortunity to brag, if they really had one.

If Ballmer and Microsoft won a major amount, they would brag about it. If Tom-Tom was able to persuade Ballmer and Microsoft to keep that amount secret, then Tom-Tom must have had significant bargaining power. If Tom-Tom had significant bargaining power, then
 it's unlikely that Ballmer and Microsoft won a major amount.


"Sealed Settlement Agreements in Federal District Court

Many civil cases settle before trial, and defendants commonly seek
confidentiality agreements concerning the terms of settlement. Usually
such agreements are not filed. A high proportion of civil cases
settle, [note 1] but a sealed settlement agreement is filed in less
than one-half of one percent of civil cases. In 97% of these cases,
the complaint is not sealed. . .

Analysis of information available in this way confirms that settlement
agreements, sealed or otherwise, generally contain four essential
elements: (1) a denial of liability, (2) a release of liability, (3)
the amount of settlement, and (4) a requirement of confidentiality. In
unfair competition cases, especially cases involving patents, the
terms of settlement typically bind the parties to certain actions in
addition to or instead of the payment of a settlement amount. In
general, however, the only thing kept secret by the sealing of a
settlement agreement is the amount of settlement.


[note 1] An analysis of disposition codes for civil terminations from
1997 through 2001 showed that 22% were dismissed as settled and 2%
were terminated on consent judgment. Another 10% were voluntary
dismissals, and some of these probably were settled. An additional 20%
are coded as “other” dismissals."

http://www.fjc.gov/public/pdf.nsf/lookup/SealSet3.pdf/$file/SealSet3.pdf

Sincerely,
Rjack :)


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