Disappointment analysis11 Jan 2023 12:44
We could reasonably have anticipated that a successful trial would to produce an outcome in the middle of expectations (whatever they were). A settlement below that would be acceptable as it rules out appeals, results in early payment, and clarifies our market position. We could still reasonably have hoped it would be more than the lowest expectations though. The RNS seems to dampen that hope considerably.
The trial was, ostensibly, for one region and for past use, but the RNS states the settlement will include aspects which were not anticipated to be part of the trial, i.e. all other regions AND future revenue. That seems like very heavy second and third disappointments? If the amount is at the lower end of expectations for one region and past sales only, then it appears that we will effectively get nothing at all for future or worldwide sales, arguably a much higher amount than sales to date. In addition.
On top of all that, Samsung get no penalty for their destructive behaviour, including wasting the PTAB's time with specious arguments. In fact they get rewarded for it, by getting the technology at a knock down price. They are incentivised to carry on damaging innovators, because it is profitable.
So, on the face of it, the RNS as it stands seems rather difficult to reconcile with "fair value"