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Vringo, Inc. Message Board

  • josejtrujillo josejtrujillo Dec 18, 2012 10:45 PM Flag

    VRNG asking for 7% now (over 1b $$)

    According to the latest pacer doc. Go get em boy!!!!!!

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    • bump

    • We are better off now than pre-trial regaring the damage possibilities. Not to mention, we now have a most favorable Jury verdict to stand behind and the ZTE case is ramping along. I think those shorts will cover today and we might see $5 again. All this due to the damage possiblities from google. VRNG will be a $20 stock by DEC 13, so climb aboard or prepare to miss the VRNG freight train. We pull out of the station at 9:30 am sharp 12/19/12!

      Sentiment: Strong Buy

    • Dont pizz off JJ goog or might be 12% watch and learn goog stole and now going to pay too big to fall not so JJ said pay, and laches past-trial will happen and ZTE not-far off like 1b settlement Truth.

      Sentiment: Strong Buy

    • Bump

      Sentiment: Hold

    • dem2112@ymail.com dem2112 Dec 18, 2012 11:28 PM Flag

      Guys, I know you are all excited and so am I but stop bashing Ed All of the time. He is not short, just cautiously optimistic. There are far worse aholes on here to bash. I too believe that this stock is thru going down but it's not over yet. Still have to wait on judge to give final say. GLTA

      Sentiment: Strong Buy

    • Assuming the stock price reflects the value of 3.5% royalties, the price is now HALF of where it should be based on sound legal reasoning in the PACER filing 12/18/2012 and does not reflect potential for TREBLE damages if VRNG brings up a separate suit tomorrow morning due to GOOG's willful infringement.

      Some PACER Highlights: First, the determination of a post-verdict ongoing royalty rate is an equitable determination that is “committed to the sound discretion of the district court” and does not require a trial by jury.

      This Court should modify the 3.5% rate upward based upon changed circumstances in the post-judgment hypothetical negotiation ... The 3.5% royalty rate was based upon a hypothetical negotiation in the first quarter of 2004. For the post-judgment royalty rate, however, courts apply a modified “Georgia-Pacific” analysis to determine the post-judgment hypothetical negotiation between I/P Engine and Defendants.

      In any future negotiation, specifically one that would take place on or after November 21, 2012, the parties would also evaluate the alternatives to a compulsory license, namely that I/P Engine could sue again and Defendants would once again be liable for infringement – this time willful infringement and thus treble damages and attorneys’ fees.

      I/P Engine leaves factor three—the Defendants’ litigation conduct—solely to the discretion of this Court.

      Factors two and five—whether Defendants had a good faith belief that the patents areinvalid or not infringed and the closeness of the case—strongly favor enhancement. Defendants are now adjudged infringers and the patents were deemed valid. D.I. 799 and 801. Accordingly,Defendants cannot assert a good faith belief of non-infringement or invalidity. Nor, given the jury’s findings, is there any indication that this case is a close one.

      ***
      For the reasons discussed above, I/P Engine respectfully requests that this Court enter an Order requiring that, for the period from November 21, 2012 through April 4, 2016, Defendants pay I/P Engine ongoing royalties computed on a base of 20.9% of Defendants’ U.S. AdWords revenues, at a running royalty rate of 7% of that base for Defendants’ continued willful infringement.

      Sentiment: Strong Buy

    • There are several posters on this board I would 2nd guess.. Jose is not one of them!

      Sentiment: Strong Buy

    • Yeah, that is what they are asking and only a minor increase in after hours... what might that mean?.. that not many people believe they'll get that right now or else it would have bumped a buck or so.. but worth hoping for a flyer.

    • They are arguing for 5% based on precedent cases, and VRNG wants 2% more for willful ongoing infringement. On your knees Goog!!!!

      • 4 Replies to josejtrujillo
      • Thank you God! Amen

        Sentiment: Strong Buy

      • IV.

        CONCLUSION

        For the reasons discussed above, I/P Engine respectfully requests that this Court enter anOrder requiring that, for the period from November 21, 2012 through April 4, 2016, Defendants

        Case 2:11-cv-00512-RAJ-TEM Document 823 Filed 12/18/12 Page 12 of 14 PageID# 21592


        13pay I/P Engine ongoing royalties computed on a base of 20.9% of Defendants’ U.S. AdWordsrevenues, at a running royalty rate of 7% of that base for Defendants’ continued willfulinfringement.

      • JJ said 10% if goog pissssses him off more! here we go!

        Sentiment: Strong Buy

      • Consistent with his original analysis, Dr. Becker, I/P Engine’s damages expert, hasanalyzed all of these factors and applied them to the present facts and has concluded that theresulting negotiated rate between Google and I/P Engine in 2012 should be 5%.

        See

        Becker Dec.at ¶¶ 14-16. He also concludes that there is no reason to depart downward from the 5% royaltyrate because the patents are

        known

        to be valid and the patented technology is

        acknowledged

        to be“mission-critical” for Google. PX-337; Becker Dec., ¶¶8, 13, 14.For these reasons, consistent with the case law, this Court should conclude that anupward adjustment to a 5% ongoing royalty rate for Defendants’ ongoing post-judgmentinfringement is justified.

        3.



        The 5% ongoing royalty rate should be enhanced in light of Defendants’ ongoing willful infringement

        Defendants’ ongoing infringement is undisputedly willful. Defendants are fully awarethat their use of AdWords has been adjudged to infringe all of the asserted claims of the validand enforceable patents-in-suit. Judgment has been entered against them, and yet they continueto infringe. The 5% ongoing royalty rate, however, does not yet reflect an enhancement under35 U.S.C. § 284 for that willfulness.

        See



        Amado

        , 517 F.3d at 1362 (noting that “willfulness, assuch, is not the inquiry” when determining the initial post-judgment royalty rate).

    • wow this is so awesome!!!!

      Sentiment: Strong Buy

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