Question for attorneys on the board, could Judge Davis enter a judgment for treble damages against Apple?
There was an instance during the trial which I recall, something about blind infringement. I believe this is the same as willfull infringement. Apples experts and engineers pretended like they knew nothing about the patents that VHC owned. So basically if they are infringing they really didn't know anything. I believe it's kind of like “I didn't realize I was speeding officer”, I don't even know what the speed limit is. So I guess you wouldn't get a ticket, and if you did I'm sure the judge would say a “oh that's okay you didn't even know”
If this is the case and there was a judgment against Apple for treble damages, I believe that means 3 times the verdict. So if the verdict was 386,000,000 (which it is) then the judgment would be for 1 1/2 billion dollars.
I don't know whether the judge would feel this is to harsh of a punishment for stealing VHCs patents by the biggest company in the world? Apple's arrogance is going to get them in trouble!
The best case scenario for VHC would be treble damages plus a minimum of 1% royalties. Who knows, but Apple better start thinking about this just like Microsoft did. Apple surely doesn't want a judgment for $1 1/2 billion even on appeal. The interest on that alone would probably be over $200 million and when everything is said and done the money will be waiting in court to hand over to VirnetX. I believe to even start an appeal the appellant has to put up 1 1/2 times the judgment.
If Apple was smart, and I believe they are they will figure out a way not to leave this up to the honorable Judge Leonard Davis. They will come to some agreement before the 20 December when the judge is most likely going to enter his judgment.
All of my assumptions are issues I dealt with in past lawsuits I have been involved in. I am not an attorney and would request someone who is an attorney with the expertise in this type of law to confirm the above statement.
Aguaman....If what you're speculating concerning trebble damages comes to fruition, it would be closer to $1.158 billion which is a fur piece from $1.5 billion. Yeah I know, what's a mere $342 mill when we're talking this kind of money. Do you have any idea how much Crown Royal and/or beer you can buy with $342 mill? And yes, I deal in specifics as the loose change can add up or, if you don't keep track of it, can deduct a balance significantly.
Sorry, you are absolutely right, I did this in the middle of the night and must of punched something wrong on my calculator. I stand corrected 1.15 8 billion, but the question remains is there the possibility of triple damages?, Also beside the 1.15 8 billion there may be 1% royalties and I don't even know what that would be based on. If it's based on gross sales of Apple it could be a huge amount.
im a lawyer,dr,bug killer coffee maker car mechanic, and so much more. and i cant confirm the weather but it appears that the best course of action is to settle for tax reasons this year. the overhang is nothing but a head ache. my 4 cents. and thats what its worth
I wasn't thinking of a jack of all trades to answer this question. I would appreciate it if an attorney that has experience with this type of litigation in the federal court could answer this. I realize it may be difficult to get an attorney to answer the question unless I paid their $500 our retainer. It would be great to share this with the board though so much appreciated.
I'm not an attorney, but I write enough checks to them that I'll answer. Judge Davis won't award treble damages, and VHC likely didn't ask for it in its sealed motion on the 21st.HJD's primary focus is minimizing any possibility of being overturned on appeal, and awarding treble damages when it wasn't requested prior to trial opens up an avenue for appeal.
The incremental damages certainly wouldn't be irrelevant, but $368 million isn't the primary focus for VHC, nor would 3x that number qualify. VHC's focus is on achieving a high (1%+) forward royalty from HJD in the final verdict delivered on or soon after the 20th. A high running royalty award leads to any number of good things including a pre-trial Cisco settlement and future industry licensing revenue. Having that verdict, with a high forward royalty, upheld on any appeal is job one. It's well worth foregoing the questionable possibility of treble damages to get through any appeal cleanly, quickly and with a positive result.