This is not a new thought, but one that should be kept in mind---and one that may in the end bite the shorts in the butt: We’ve talked about this often before, but the time is approaching for action by JJ. After we get past post-judgment interest, etc. JJ will eventually have to consider continuing RR calculations. Since JJ took away past RR via laches, continuing RR is of course the meat of the case at present. In JJ’s calculations he has no choice but to face up to one unalterable fact imo. When it comes his time to weigh in on RR enhancement he almost HAS to set the final RR at more than 3.5% of the 20.9% base. This is solely a judicial consideration. It’s illogical and contrary to precedent in this area for the court to treat a continuing willful infringer the very same as someone who in good faith entered into a license agreement many years ago with a patentee.
The cases point out that, after an infringer forces a patentee to take it to court, spend millions of bucks and years of fighting to prove infringement, and then has to face an infringer who CONTINUES to infringe post-trial---after all this---there has to be some distinction drawn in continuing RR. There simply HAS to be. If not, why wouldn’t big predatory companies like Big Bad Goog always steal patents, knowing that, even if they lost, they’d simply be treated like everybody else who honestly negotiated a contract many years ago? That’s simply contrary to logic, precedent and public policy. I keep coming back to this basic consideration after all else is said and done. The 3.5% has to be enhanced. There’s nothing wrong in investors to conservatively hypothecate future royalties based on 3.5%, but as a practical matter the percentage will be higher than 3.5% imho.
I do think JJ is reticent to grant the type of judgment that will necessarily result in the big bucks that will accrue from the judgment in question, but I don’t see that he’ll be rescued fro making such a decision by a settlement. Google
The defense of Google will be that until the appeals are done the infringing is just that and not willful.JJ is not going to stick them x percentage because they are meanies,he will do whats legally required no more or less.VRNG'S lawyers have made the argument we will see and latches if appealed is the biggy.
I do think JJ is reticent to grant the type of judgment that will necessarily result in the big bucks that will accrue from the judgment in question, but I don’t see that he’ll be rescued fro making such a decision by a settlement. Google will not want to pay what the judgment will necessitate, and Vrng will not want to sell out for peanuts. (I’m glad of this.)
Further Google will not buy out Vrng, for many reasons, not the least of which Vrng ain’t a willing seller, and that’s that. Buyout is idle talk imo.
I do think that Google will make us wait for ultimate payoff, and that the shorts will slap us around, almost at will, for awhile. Yeah. Justice will be delayed. But the piper will be paid, and many of us plan on being the piper when that time comes. The payment could be really big, esp. with Google’s revenues increasing, and with other things in the works. glta