Thanks to RFMaverick on IV. Its Just his opinion but its from the eyes of an attorney. Much better then listening to any of the Fudsters.
Re: PACER- VirnetX motion for NEW TRIAL
Ok I read it. The motion for new trial is much stronger than I thought it would be. Since I was not at the trial, I did not know VHC asked to approach the bench 28 times (that is a lot for a 1-2 day case in chief). Plus the quotes from Cisco's counsel are key for VHC. The "Golden Rule" citation is also key.
Compare this motion to Apple's motion for a new trial and you see the difference. Apple was just filing the motion as the standard practice after losing a jury verdict. You could see that on the face of the motion before even reading VHC's rebuttal. This one actually appears to have legitimate claims and examples of quoted misconduct. Cisco's rebuttal will no doubt be strong but you cannot argue with quotes.
The Motion for New Trial has a much stronger chance of being granted than the JMOL. Being a betting man, previously I put the odds of the Motion for a New Trial being granted at 10%. Now I think the odds are more like 33-40%. Still a long shot but feeling way better than before about this.