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Vringo, Inc. Message Board

  • capt_uss_enterprise capt_uss_enterprise Oct 24, 2012 8:14 PM Flag

    Here's my take - A settlement this weekend and here's why

    Vringo has rested today after a very successful presentation of its infringement evidence which was supported by the Judge's denial of the Google motion for judgement and also his instructions to the jury to not consider the Dr Becker testimony in their deliberations regarding what a fair royalty in this case would be. Both were damaging to Google and a clear message to the jury that the Judge believes in the case Vringo presented.

    Google's defense has been wounded through the entire pretrial process and has been further damaged in the last couple of days. It's only logical, based on what we know from the filings and the court activity, to assume that both the jury and the Judge are aligned with Vringo at this point.

    Google now has the opportunity to present its weak and restricted case to the jury using a junior varsity team of experts that will be cross examined by the Vringo varsity team of lawyers with notable successful trials resulting in LARGE jury awards in their CV's

    Therefore I predict a settlement over this weekend at the behest of Google's attorneys based on: how they will perceive the disposition of the jury relative to their side of the argument, for fear of another HUGE trial loss on their record and with the knowledge that the odds of a successful appeal are historically low at best. They also know that the last thing that the jury will witness before their deliberations will be the final rebuttal from the Vringo all-stars to the very weak Google case.

    For the record, I am long Vringo and Google

    Sentiment: Strong Buy

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    • Further support that the Judge sees nothing but weakness in the Google defense from the court transcript:

      "During his direct examination, Dr. Becker testified that he was not relying on the Disney-Google agreement because there is no evidence that the Disney technology is relevant to any issue in this case the questions of Defense counsel regarding the Disney-Google agreement were improper. The Court has therefore ruled that any evidence regarding the Disney technology is improper and irrelevant.

      You also heard counsel for Defendants ask Dr. Becker questions regarding whether he
      had asked counsel for I/P Engine for further documents or information to support his opinions
      regarding his apportionment, or whether there was a final version of PX 64, the Revenue Force
      document. After reviewing the record on this matter, the Court has found that counsel for I/P
      Engine had requested those documents and information from Google, but that Google did not
      produce to I/P Engine a final version of the Revenue Force document, PX 64, or any documents
      providing the numerical support for the slides on page 38 of that document."

      The knock-out blow -

      "I instruct you that you may conclude, based upon the cross-examination questions asked of Dr. Becker by Defendants’ counsel, that Google had additional documents and information that, had they been produced, would have provided further support to Dr. Becker’s opinions regarding his

      What it means -

      Google is guilty, their argument is flawed, their attempt to distract the Judge and the jury from the actual damages has failed miserably and had they been honest from the beginning, the actual damages Vringo is claiming would have been supported by Google's own internal paperwork.

      Sentiment: Strong Buy

    • I hope for settlement but don't think we will get it. I honestly think at this point Google doesn't give two damns about this case. Everything is going against them yet still they choose to fight. I just think it is a matter of "good luck getting your money". They will drag this out till the bitter end just because they can. Otherwise it doesn't make any sense. Maybe they feel the best route is to fight until they have to pay and maybe through all of that they will get the lowest amount possible. Let's hope they lie down soon though.

      Long and feeling like I can't go wrong with Vringo.

    • Good post. I think Vringo will win, but Google will go to end. The Goog frat boy defense team are greedy narcissists from the mold of QE and even b__tch slapping them in the face as VRNG has done will not phase them. I expect Vringo's win to start a domino effect cutting short QE's stay with the Goog monster.

      Sentiment: Strong Buy

    • There is no way Google is settling before they get a chance to present their case... they might as well take a shot at it...

    • I disagree. Google's objective is clearly to set an example to other NPEs (Non-practicing entities) or to other potential patent suitors. As you mentioned, the case against them was already leaning towards Vringo pre-trial, the fact that they went to trial anyways indicates that they want to fight this to the bitter end.

      Even if they lose, the message to other potential suitors is that 'We're not going to just roll over, if you come after us be prepared to sweat and fight till the end'. Again, even if they lose, this will make other suitors think twice before filing a suit against them.

      Finally, Google is the client, they will listen to their lawyers advice but at the end, the final decision is theirs. Even if QE presents the worst case scenario and begs Google to settle, I don't think they will sway Google. I'm guessing that from the very beginning, QE is under instructions to fight till the end.

    • Good post. I agree with your take on the situation. I've been adding to my position at $3.50.

      On a side note, it's really a refreshing change of pace to see a post like yours because it possess something that is sorely lacking on these message boards: Coherent sentences and proper spelling.


    • Great post....

    • Great post! I agree totally. Judgement was shut down and are now moving into final arguments I assume. Google can aquire VRNG and come out a hero by protecting their customers and future income from these patents.

      Sentiment: Strong Buy

    • I agree and this is very well explained and thought out.

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