People asked that I comment on where things sit today and the reason it is hard to comment is that we haven't heard much of anything from the important parties to the case. I do not happen to believe that today's movement is about the conference call or the new investor presentation.
We are now more than a week removed from the jury verdict in this case and there has been no utterance from the court and nothing from Google. We have only a motion to add damages for a month from Vringo, a declaration from Dr. Becker stating how to calculate those damages and a request for relief because Vringo contends that Google is not handing over recent revenue figures upon which Vringo would base those additional damages.
If this court works in a manner similar to others the Judge has probably encouraged the sides to settle BEFORE he has to come up with his final ruling and a future royalty number. As I said in a prior post the Judge may already have telegraphed to the sides what he is likely to do because that is what good judges do. There has certainly been a lot of conjecture on this and other message boards relative to a settlement or buyout in the past. I admit to thinking, perhaps naively, that this would settle prior to the trial. The difference now is that Vringo has won. I do not understand the motivation to sell this stock at this point. I am not seeing the downside. There seems every reason for the sides to dispose of this and move on to their respective next order of business. It is clearly in the court's interest not to have this case get caught up in appeal. I just don't think the options are many when it comes to speculating about why we have had this prolonged silence. I'm not sure I can say that it is "highly" unusual but it is unusual.
The thing here is that it is important that Vringo not have to argue the validity aspect of this with every new defendant. I believe there is a way to present language in a settlement that allows the jury finding in that regard to be upheld. Therefore it would not stop settlement negotiations it would simply need to be factored.
Thanks again edvacourt...I have a wierd feeling that Vringo may release another teaser today prior to the CC...wondering if I will be correct. Still ong and not gone othe than to Steve Kims' board also.
EDVA- If both sides have been given a hint from the judge in direction then why prolong? Is a drop dead date possibly shared given by the judge? Why would either party stick their necks out for a worse royalty fee? I know you have no concrete answer just seems either the judge is prolonging it or Google or Vringo is.
I would not expect ANY comment on the conf call - it would only be a risk for Vringo. I also do not think they are close to settling because Google will want any settlement to include infringement by Google customer (which could be a goldmine for Vringo) and Vringo will ask for a ridiculous sum if they are going to concede. I suspect this is a difficult negotiation and doubt there will be a successful settlement.