laughable, Rossi attacks IH by bringing a suit and then proposes an agreement to walk away from his attack. I do not see him winning a battle but backing away from his attack when he found that he could not prove his case against IH to get $89 to 200M and recover his IP. There would be no "bankrupt trick" unless Rossi lost the case. Rossi knew full well before he brought suit that IH would likely be able to bring more money than he could to the table. He gave up and ran away.
Your post is a nonsense. Rossi started his suit without Ip but with initial IH payment. After the suit (and thanks to it) he obtained Ip and IH renounced to take back the payment...
What can we say? I would say that Rossi has improved his situation without finishing the trial.
If IH had been so sure about its reasons, it would had refused settlement or signed a different settlement.
Display MoreA bit of revisionist history and plain speculation in what you say:
First, I always said that I believed that IH would win on the principal claim. Second, I said that it was at best, probably even odds on the counter claim and that a jury could easily split the baby and have IH win the principal claim, Rossi the counter claim and that unless there was an attorney's fees clause (which I stated I had not checked), each side would pay their own costs and fees. Please explain how this differs radically from the agreed upon settlement, other than Rossi got back his worthless IP (time, and the absence of any commercialization of said IP, will prove that it was worthless).
In the settlement, IH got a complete, COMPLETE, release of any and all claims Rossi had against IH. TO PARAPHRASE BOTH WILLY WONKA AND MICHAEL CORLEONE, Rossi took nothing on his principal claims. Further, in the settlement, Rossi got a complete release of IH's claims against him and IH took nothing on the counter claim.
As to your comments about Rossi proposing and IH immediately accepting, you could just as easily have said (and assuming you have no inside knowledge, be just as speculative) that Rossi eagerly pushed a settlement offer and IH reluctantly accepted. DO YOU HAVE ANY INSIDE INFORMATION?? And why did Rossi propose?? Was he scared of getting his ass kicked at trial? And if not, why did he settle? After all, according to you, SSC, Kev and many others, he was going to show IH, Darden, et al, for the alleged corporate crooks they were and the jury would carry Rossi off on their shoulders after awarding him 100's of millions of dollars. Why did Rossi settle? Please explain.
Your are a Lawyer like me. In this settlement I see a party who has solved a problem. A bad licence agreement with a bad clause.
If we assume ecat is scam, this agreement is a good victory for Rossi, because he has obtained the initial payment 😎
If we assume ecat is real, this agreement is far better. Because he has obtained ip whose value is multiple times more than 80M...
But let me say that a big and rich client signs such an agreement only if he thinks he could loose... Otherwhise it's better to celebrate the trial...