My Posts are being deleted so I'll try part one and part two
Like many people who have observed this case I have been left wondering how the law, as applied, can be so nebulous. We are three weeks removed from a jury verdict in which the Plaintiff in this case, Vringo, won convincingly. Like most such cases there have been many twists and turns along the way: The Markman Hearing and Ruling, Summary Judgment, Laches, The Verdict and more. All that is pretty understandable since a trial, much like a football game, comes with a combination of scores, penalties and turnovers. The big gripe in this case is that unlike a football game, even after the verdict and judgment few people seem to know the score.
Fast forward to today, Wednesday, November 28, 2012. Here is where we are (I am basing this in part on several discussions with patent attorneys (which I am not) who themselves have viewed the judgment. This is what I got out of those conversations. Note: I make no representation for anyone to trade on this information I simply share it and expect that people will do their own due diligence and proceed with whatever decisions they think best for them.
On November 20th Judge Jackson issued what was in fact his final ruling:
Notice that the ruling said "Judgment in a Civil Case." Those who have speculated that only one box was checked on this form need to understand that this box was checked because it was a jury trial. The other box was not appropriate to check because the action did not come for "determination before the court" it came for "a trial by jury."
The future royalty rate is 3.5%:
I have been assured that this is in fact the case. This is the rate the Judge has ordered going forward and more than that he telegraphed in court (right in front of me) that this was the rate he was likely to use. The attorney I spoke with said the Judge, by entering his judgment, has started the clock running on post trial motions, clarifications and the like. At this point we can expect to see a flurry of post judgment motions filed in the very near future if there is no settlement. It is interesting that Vringo did not wait for the Judge's final ruling to file their motion for interest and supplemental damages-it could be that they thought that the judge might be prompted by this motion to clarify the apparent past damages calculation error when he issued his judgment. He did not take the opportunity to do so but he may entertain a corrective motion in the near future. In plain English he may not have wanted to make a correction without specifically being asked to do so.
this is far from over. Google has until tomorrow to make comments on the judge's decision and then vringo has until December 8 to respond to google's comments at that point (hopefully) the judge will step in if the sides are still far apart and make a decision, I think. Then google can appeal or vringo can appeal the decision limiting the damages to 2011. Appeals can go on for years as James Altucher said recently. By the time this case and its appeals are over vringo mitt be $.10