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Vringo, Inc. Message Board

  • edvacourt edvacourt Nov 13, 2012 10:32 AM Flag

    Post trial update: November 13th what to consider as we wait

    Yesterday morning I mentioned the filings from Vringo relative to seeking an extra month of past damages, Becker's damages calulation declaration and so on. The calculations that Vringo is asking the court to confirm are the same ones that the court would need to confirm AND change from Google's past damage calculation by the jury. I get that people want to focus on the future and the future here is very bright but I don't want people to think for a second that Vringo is simply going to let that money get away. I have spoken with more than one attorney that does this specific work for a living. The idea that Judge Jackson will not correct this mistake is in their opinion laughable. He may be hoping that he won't have to correct this mistake (settlement or some other satisfactory conclusion to the case) but I'm thinking it is likely that he will. Also, Vringo wants a final ruling here that sets precedent (federal jury verdict) as it turns to the many other infringers that it is likely to pursue. A settlement with no ruling is not what Vringo is playing for.

    I continue to believe we will have a resolution this week (perhaps not a full one but at the very least a bifurcated one) that takes any uncertainty out of the Vringo value equation. My personal opinion on the weight of the facts that we know post trial is that this company is severely undervalued. For those that think a mistrial is a possibility that is also highly unlikely according to my sources. Should the Judge decide to declare a mistrial he is likely only to retry the damages question which I have also been told favors Vringo since no new evidence is likely to be allowed and a new jury could choose the high end of Becker's scale of 40% instead of 20.9% (and there is nothing lower than 20.9% in the record) which of course would not moving in the right direction for Google. Should that specter arrive look for Google to settle post haste if in fact those discussions are not ongoing now.

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