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Vringo, Inc. Message Board

  • edvacourt edvacourt Oct 26, 2012 7:09 PM Flag

    Final Trial Update 10/26...rehabbing Ungar, introduction of Ugone

    In the afternoon session Google's attorneys tried to rehabilitate Dr. Ungar on redirect. Ungar was asked what he did at Google and said he was involved in search as opposed to the ad side of the business. Presumably this questioning was designed to show Ungar was involved in search and knew something about it even though he didn't teach it. Also, it was designed to show that he would not have had much interaction with databases. Next he was asked about his teaching and whether he was a professor of computer science at the University of Pennsylvania, a prestigious Ivy League school. Answer, yes. What GOOG attorney tried to infer is that if he was a Prof. of computer science that must be the equivalent of having a degree in it. This redirect appeared to be too little too late. Some regurgitation of testimony continued and Judge said in response to one objection from VRNG (which was sustained) that "we have heard all this." Net result, even after redirect was that Ungar was less than credible. Next Google witness was Dr. Keith R. Ugone who was qualified as a former Marine, hard worker, put himself through school, from a small town outside Dallas, etc. Had a long career in forensic damage estimation, worked for major accounting firm and so on. When he gets to the damages in this case he bases those damages on a hypothetical negotiation with Lycos that obviously never happened. He suggests that given that Lycos was out of money and the patents were recently purchased under duress (Lycos) that we are all here talking about $3-5 Million. There was a sense right up until he said $3-5M that he was reasonably credible. He spoke slowly, clearly and has a respectable background. But it seemed apparent when he said $3-5M that this must be a joke. Some of the jurors looked visibly put off. I think the jury is aware, or may well be, that there have been settlement negotiations between the parties. $3-5M is probably about the legal tab at this point. It simply was not credible. As with Thursday's Ungar testimony, Ugone has not been cross examined by VRNG yet. My guess is that that will be quite interesting. One observation that seems apparent from the testimony in this trial is that Google, rather than pursuing an avenue that seems reasonable, almost always chooses to go for broke. Ugone could have said $100 or 150M for example, which is still about third of what Dr. Becker has offered up. To summarize, thus far Ungar has largely if not completely been discredited and Ugone was doing well up until he offered his damage assessment. Again, he may well have had a shot making a case for a smaller award because as I have stated he was credible, but his damage estimate was over the top. I will be there Monday if trial proceeds. The Judge has instructed jurors and counsel to check the court hotline for updates on whether the court will be closed.

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