The only matters unsettled are future interest, and RR%, and base of which the RR would apply. Past damages (jury verdict) are now final given there are no more motions tied to past damages. So VRNG is appealing the past damages amount (jury error), and laches. The appeal is correct as these matters are settled and final.
no you cannot appeal before a judgements (what would you be appealing? there is no rulig). and you can't appeal just a "rate or damages".
the issue vrng is appealing is how law was applied in regards to the laches NOT the value. clearly if law is applied the way they feel is 'correct' the value will change upwards. so its a round about way of addressing things but there that arguably been a misaplication of law/due process for VRNG in regards to the laches.
this is one of the biggest misconceptions flying around and something shorts are using as their ammo (google appeal google appeal).
1. An appeal needs to be granted
2. It is only granted if there is an error in the application of law - not 'I don't like the penalty or I dont like the award' - many shorts and longs are confused by this.
3. Therefore, google has little grounds for an appeal and V has significant grounds for an appeal on how the law regarding laches was applied (only upside here is for V not G).
Personally, I agree that Vringo has substantial grounds for an appeal. What I suspect is that it is just positioning, if Vringo and Google are in settlement negotiations Vringo just upped the ante by putting a definitive timeline on Google. Vringo's threat is they want a bigger running royalty to compensate for the mistake on past damages. However, I am not sure that it is very smart as you could anger JJ right before the RR decision. I would have probably appealed after, but I am not sure of the timeline for an appeal.