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Re: Microsoft and TomTom settle


From: Thufir Hawat
Subject: Re: Microsoft and TomTom settle
Date: Mon, 06 Apr 2009 06:13:30 GMT
User-agent: Pan/0.132 (Waxed in Black)

On Sat, 04 Apr 2009 17:04:20 -0700, Tim Smith wrote:

> In article <address@hidden>,
>  Thufir Hawat <address@hidden> wrote:
>> Err, why would a jury have anything to say about a settlement?  How
>> could this settlement ever be introduced as evidence in some other
>> case?  The point of settling is, partially, to avoid a jury.
> 
> Suppose Microsoft is suing you over FAT, and you won't settle, so it is
> going to trial.  One of the things both sides do at trial is argue what
> they think the damages should be.
> 
> What Microsoft has licensed the patent for to others is very relevant to
> your argument, and you'll have asked for the details on all licensing of
> the patent as part of your discovery requests.  (Well, *you* won't ask.
> Your lawyers will ask, and the lawyers and your damages expert will get
> to see the answers, but *you* might not get to see them--all you might
> see is an average that the damages expert computes and testifies about).


Again, the settlement terms here wouldn't be evidence in a lawsuit not 
between tomcat and microsoft, which is what I was replying to -- a 
comment about the jury.


-Thufir


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