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VirnetX Holding Corp Message Board

  • zeleration zeleration Feb 26, 2013 10:24 PM Flag

    Congrats longs and on to Cisco we go. Keep a watch for new litigation with Google and Oracle.

    Congrats longs, we are nearly at the finish line - but as they say lets not count the chickens yet! VHC will cut a deal that makes sense and sends the right message to the market. The current PPS no longer reflects the reality = VHC gains more momentum every trial it fights and license it signs.

    FYI ---- Not sure if you guys caught this but HJD cites Cisco case law in the ongoing royalty section (page 42) where he determines if it makes sense to sever the ongoing royalty into a sperate motion and give AAPL 45 days to get a deal done. He cites Telecordia Techs Inc vs Cisco Sys, Inc, 612 F.3d 1365, 1378-79. I am sure this was just a coincidence but the irony is very thick if you happen to be Cisco attorney reading it tonight (and you know they are).

    For those that do not understand what's happening - basically HJD told Apple if they do not have a deal with VHC in 45 days, the court will determine ongoing royalty based on the trial outcome and trial motions. That is very good news for VHC because right now we are looking at $330K pre-judgement interest PER DAY based on damages of $368 Million. We will unfortunately not get legal fees as part of the deal (not sure of amount) and of course HJD is not going to stop Apple selling it's products (injunction). If you really thought you would get an injunction then you don't understand how high the bar is raised to get an injunction barring a products sales - if it hurts the public good you usually will never get it, and it almost always gets appealed (i.e Samsung Apple etc).

    Good luck all.

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