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VirnetX Holding Corp Message Board

  • zeleration zeleration Apr 29, 2013 2:24 PM Flag

    Apple's 10Q Language is not news.

    1. The 10Q language is normal - it is not news. Apple is legally obligated to do this so their own shareholders do not sue them. They must explain why they have not accounted for the $400+ million loss and in this case they are saying we "challenge the verdict' - which they already did in their motions, that's what motions are. It may include an appeal if their motions fail. Nothing new until we hear back from the Judge.

    See below for appeals process...

    A litigant who files an appeal, known as an "appellant," must show that the trial court or administrative agency made a legal error that affected the decision in the case. The court of appeals makes its decision based on the record of the case established by the trial court or agency. It does not receive additional evidence or hear witnesses. The court of appeals also may review the factual findings of the trial court or agency, but typically may only overturn a decision on factual grounds if the findings were "clearly erroneous."

    The court of appeals decision usually will be the last word in a case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case.

    Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed. On the other hand, the party defending against the appeal, known as the "appellee," tries in its brief to show why the trial court decision was correct, or why any error made by the trial court was not significant enough to affect the outcome of the case.

    Less than 10% of cases like these are won on appeal, Apple have a weak case unless something improper went on and we have not seen anything even close to that in post trial motions.

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