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VirnetX Holding Corp Message Board

  • nicklaus999 nicklaus999 Feb 27, 2013 5:06 PM Flag

    Second Lawsuit

    I think people need to be reminded of the second lawsuit and the damages that can be collected from that. If there is a settlement this has to/should be taken into account. I think a lot of people have forgotten to include this into calculations. I'm not sure about this, but with a victory in hand they might be on the hook for treble damages. Not included in that initial lawsuit is imessage and the newer products. So, this is even more leverage that VHC has to handle AALP with. Maybe KL uses this as leverage for get a deal done or maybe he doesn't. Maybe he let's them off the hook if they take a license or maybe he doesn't. VHC, has a ton of ammo in their pocket and AAPL has very little. AAPL, is paying $360,000 per day for as long as this goes on plus willful damages on the second lawsuit that hasn't even started yet. Maybe we end up getting a settlement with additional damages of 360k p/day PLUS damages on the second lawsuit that could will be significant. Look back to what happened with MSFT and the second lawsuit, they doubled up their damages. I certainly wouldn't mind another few hundred million dollars

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    • Treble damages in the 2nd suit are all but assured. Judge Davis addressed this very issue in the ruling, "VHC presented evidence that Apple believed there was a HIGH PROBABILITY that the technology at issue was
      patented, "VHC presented evidence of a clear pattern of behavior by Apple employees". This is where the Allie deposition comes into play and why McKool tucked Mr Allie away for the 2nd trial. Brilliant if you ask me, saving Allie for the 2nd suit to lock up treble damages. Apple has of course realized this and now the end game begins.

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