pursue every angle?
One would think it would be a dereliction of duty not to. no? Does that really mean that every angle you pursue you believe will work?
why is the GVR decision so comical, or hard to stomach?
That's like laughing at everyone who plays the lotto every week but does not win....IMO!
CMon man, are you serious? have you ever played the lotto? well you MUST be an F*ing idiot!!!
It is sad in this case but I try to remain optimistic about our legal system. Chen called it right but at the end of the day the real issue is the USPTO, why have them review and review dozens of times across many patents if a CAFC court and toss it all out - in essence what makes a CAFC judge an expert in the subject matter - they should consider the side of the USPTO. Otherwise the CAFC undermine the USPTO and thats a total waste of taxpayer money - reform the whole thing.
My advice to ZTE is "when you find yourself digging a bigger and deeper hole with the law, at some point you should stop digging". As for Google ...
If the executives at Google SOLICITED AND KNOWINGLY shared VRNG confidential information from ZTE (and they knew it was highly confidential as it was clearly marked) in an effort to damage VRNG business then Google will be paying for that mistake too. We should find out soon enough.
you seen them, they did it with such conviction and now those bearing false witness have gone....
Just a PSA, speaking with conviction does not make one right....
Had it become true they would have been full of gloat, "I TOLD YOU SO!!" yet where are they now?
Zele, Very well said. ..."proper justice" ???? Ha! This no longer exists if big money is involved. My views on the future of this country are getting very, very jaded. I feel sorry for my kids.
I find it extremely disturbing that the US legal system is bought and paid for by deep pocket "influence peddlers" who are nothing more than well heeled crooks making back room deals, and payoffs to get what they want. CAFC judges that ignore EVERY trier of fact (USPTO, Jury, Judge) in the case and substitute their own BS "obviousness" invalidity rejection....recent SCOTUS appointees that don't follow the written law but rule as they "feel'....insertion of their new USPTO head.....the entire case from CAFC on, stinks.to high heaven of Mountain View..
Now, on to ZTE and their shenanigans. They are much more stupid and have gotten their dirty laundry exposed a few times. I REALLY would like to see the full involvement between G and Z to hit the main stream media...but what are the chances of that ever happening?
oliver, the odds of SCOTUS even considering a patent case were less than 2%. But why anyone would sell VRNG now, without waiting to see how ZTE plays out, is just foolish or they should not have invested in high risk equities to begin with. Investing in NPE's is akin to gambling on horses - you do your research on the patents, financial position, PPS, management and the legal teams track record in litigation and play those cards as the court process proceeds. The odds of the CAFC overrule were about 1 in 10 but the one came up - it happens - tough luck but not proper justice we (and Chen) all know that.
The more interesting question right now is why have the shorts not covered yet with 11.4M short? The risk \ reward makes no sense to short right now knowing the status of ZTE in SDNY. If a Judge stops ZTE doing business in the USA because of their behavior, ZTE will immediately enter settlement discussions and we know the number VRNG want. They could settle for half that and anyone short would still be wiped out right now. Gains and losses on paper are just that, you have to sell eventually but investing in NPE's is not really investing your gambling ... and gambling is fun but only if you can afford to loose.
These guys are absolutely amazing. Their last pick delivered monstrous gains to my trading account. Ultimate Stock Alerts (search them in Google)
TEVA does NOT apply to the VRNG case.
And, a BILLION dollar payday just got flushed.
I see that 'mdavid' has deleted his accounts! Gee, I wonder why he ran away?
I agree that it will speed things up (and it's also financially much better for VRNG) but it is more likely ZTE chose a judge over jury because they risk higher damages at a jury trial. There is really no other reason.
VRNG business model (as an NPE) and ability to license and negotiate in good faith with ZTE was definitely hurt by ZTE actions (maybe SEC violations \ collusion with 3rd parties to hurt VRNG - maybe even the DOJ on that one if they are investigated).
HOWEVER the judge will punish ZTE appropriately in terms of their dealing with VRNG on this FRAND DEAL NLY plus some punitive damages and fees etc. VRNG says ZTE has caused irreparable harm to the business model but I think the judge will push back on that .... Why?
The standards based patents in question in this lawsuit use well known FRAND rates that are ALREADY KNOWN BY INDUSTRY to be .5 - 2.5% of revenue assigned to the product that use the patents (and that can also can be argued in term of sum of parts vs the whole i.e VHC case with Apple etc).
VRNG can still negotiate FRAND with other third parties, ZTE does not prohibit them doing that adn VRNG SHOULD BE doing that regardless of lawsuits - that what NPE's do. ZTE may end up being the first domino to fall for VRNG because 1) they won in court with solid patents - they have the ability to litigate well, 2) have access to financing based on future damages \ IP, 3) public markets will respond to ZTE so the PPS will normalize as will the valuation model for tyopcial NPE's with great patent portfolios and 4) VRNG can start negotiating in good faith with other parties BUT STILL BASED ON FRAND for standard based patents.
FRAND is the key for ZTE. We know the global settlement offer was $800 million if VRNG were smart they would cut better deals to ZTE competitors in a show of good faith because the genie is out already.
so any news on the phone conference...???
Settlement NO WAY. Greedy hummmm B.S. The patents are world wide STANDARDS….do u understand what that means A. H.…all must use and are using it w/o license & “V” own's the patent, IE we own the bus & if you ride pay the price. Simple as THAT
Is this the act of someone who is trying to prolong things even longer? It would not seem to be.
Is this an indication that perhaps they are contemplating coming to terms finally? This whole charade
is costing them tens if not hundreds of millions of dollars beyond whatever they will ultimately have to
pay to Vringo. One would have to question the wisdom of continuing down this road.
Agreeing to a Judge (Kaplan) to decide this will shorten things considerably I would have to think. It will
lessen the expense and possibly be a venue where an agreement could be hammered out.
I think this could be very telling about where this is headed and could shorten the timeline considerably
ZTE is in dire straights now. They are losing their cases against Vringo all over the world. They have injunctions against their products which are harming their business and sales. Their plans have been altered drastically due to the injunctions. Their projections for sales and production have been reduced due to these events as well. Meanwhile, many of their products will become obsolete as innovations and new products are introduced into markets all over the world. They will fall behind as their competition steals away their business and establishes relationships that will be hard to counter.
Their failure to come to terms could cause them much more harm going forward. Stunt their growth and cause them to lose more and more market share to others. So does it really serve their purposes to continue to fight this battle costing them so much?
ZTE found guilty worldwide, NDA violation. Now it's just a matter of time until the judge brings the hammer down. Stay tuned. We'll probably have a settlement soon.