RE:RE:RE:Settlement negotiation?There is a very good reason this case does not go to court and does get resolved in a negotiated settlement and that is because the judge does not want to see this case come back before her after an appeal and without a negotiated settlement that is what would happen - one side or the other would appeal and she would really like to avoid that.
Then there is the predicament of B&H who have a lot of skin in the game after nine years and not much wiggle room. This case could destroy reputations and cause people to loose jobs. They have a minimum dollar figure and will go to a jury to get it but at least everyone involved knows what that number is and why they would insist on getting it.
Fish & Richardson certainly find themselves in an enviable position after Goodwin Procter did all the heavy lifting as they can go through the motions for the next 4-5-6 months and even if they lose in a big way they have a convenient claim to not being responsible as they are so late into the proceedings. At the same time the pressure on Citrix will be increasing as the year end approaches.