It appears that AOL is in it's best position to negotiate a favorable settlement. Considering if the judge rules for Augme in the coming weeks, all the elements of material destruction of evidence and possible treble damages might motivate them to the table. The previous MSJ ruling provides them some leverage at this point, however, if the ruling goes against them they have a lot to lose and no leverage. I would not be surprised if a settlement is announced soon.

MAD