JURY TRIAL (DAY #6) held on 10/23/2012 before District Judge Raymond A. Jackson. Jury Trial set for 10/24/2012 at 10:00 AM in Norfolk Courtroom 4 before District Judge Raymond A. Jackson. Attorneys Kenneth Brothers, Jeffrey Sherwood, Dawn Rudenko, and W. Ryan Snow appeared on behalf of the Plaintiff. Andrew Perlman, Corporate Representative present. Attorneys David Nelson, Robert Wilson, Emily OBrien, David Bilsker, and Stephen Noona, appeared on behalf of defendants AOL, Inc., Google Inc., IAC Search & Media, Inc., Gannett Company, Inc., and Target Corporation. Matter came on for trial by jury (Day #6). Out of the presence of the jury, Pretrial conference held in chambers. Petit jurors (9) appeared pursuant to adjournment last evening 10/22/12. Plaintiff continued presentation of evidence witnesses sworn and testified.Plaintiffs Exhibits introduced and admitted into evidence. Objections heard and rulings made on the record. Court STRIKES testimony of Dr. Becker, given on cross examination, re: purchase/sell agreement of the Disney/Google Patent.Court to close Courtroom tomorrow, 10/24/12, from 2:30pm - 3:15pm for proprietary testimony. Juror excused and Court adjourned until Wednesday, 10/24/12 at 10:00 a.m. Jury trial continued to 10/24/12 at 10:00am in Courtroom #4 before District Judge Raymond A. Jackson.[Court Reporter Sharon Borden, OCR (a.m.) and Jody Stewart, OCR (p.m.)](ptom) (Entered: 10/23/2012)
Holy Cow you people are stupid! Judge strikes testimony of Dr. Becker, GIVEN ON CROSS EXAMINATION, that is it. He is the expert for the damages, how could they possibly strike all of his testimony. Plz re-read the docket and understand they only struck the part of his testimony when Google cross examined him.
HOLY CRAP YOU ARE STUPID!!! Noone even said all of his testimony was stricken and I sure as hell didn't say that it was a bad thing!!!!! WINDMILLS WINDMILLS COME HITHER I MUST JOUST THEE
Dr. Becker is Vringo's expert who calculated their damages. He has nothing to do with the case or infringement, only what the amount should be. This is GOOD for Vringo, as Google cannot question his methods or try to argue his amount is wrong. He was the one who originally calculated expert damages. All is good.
I think Dr. Becker is GOOG's witness that they were going to use in their cross examination of VRNG. I think this is one of the items that was unsolved before trial. imho
Sentiment: Strong Buy
From Steve Kim article.
2. Vringo's MIL No. 2: Judge Jackson previously reserved ruling on whether Google can offer evidence regarding non-comparable license agreements. Google seeks to provide the jury with evidence of patent license agreements it has reached with other patent holders, presumably to assist the jury in considering what would be a fair royalty (or royalty structure) for the Lang patents in this case.
Today, Judge Jackson decided that most of Google's evidence concerning non-comparable license agreements is not admissible in the trial, and cannot be presented to the jury. This significantly undercuts Google's ability to present an alternative damage calculation to the jury. This is a very significant victory for Vringo, with respect to the presentation on damages.
Judge Jackson will allow Google to present the jury with two license agreements (the Google-Carl Meyer Agreement and the Google-Disney Agreement) where the comparability of the underlying technology to this case is contested. Judge Jackson ruled that it will be up to the jury to decide whether those license agreements are sufficiently comparable to this case, and how much weight, if any, to give to it.
Personally I don't know. I do know that in one of the pretrial motions the defendant was unable to ask him certain questions while in cross exam. Lets hope the court didn't strike all testimony.
So a pretrial conference today. Lots of rumors last three days...if the lawyers ironed out a deal I imagine both boards will be presented with it within XX amount of time.
the jury will be allowed to see and compare this current patent case with Disney/google, to see if a similar payment/royalty rate is acceptable?
Becker wanted to soley use vrng's estimates so they can demand their own numbers, but this might limit how much vrng can ask for?
is what I'm assuming