also were found to be not invalid. The jury further awarded damages to VHC for the infringement of those patents. Apple appealed the verdict to the US Court of Appeals for the Federal Circuit (CAFC). The CAFC affirmed that the patents litigated were not invalid and also affirmed that Apple infringed two of those patents with their VPNoD feature. The CAFC remanded the damage award to the district court because they disapproved of the damage award argument presented at the original trial. In the CAFC ruling, the CAFC presented a method to calculate the damage award that it considered valid. The CAFC ruling is available here. Apple did not appeal the CAFC ruling to the Supreme Court so the validity of the VHC patents and the infringement of the VHC patents by Apple apparently cannot be further challenged. While other matters are being litigated in the upcoming trial, what cannot be changed is Apple does infringe and the four patents litigated in the previous trial cannot be challenged as invalid. Apple will apparently have to pay damages - this is a given.
VirnetX can put forth those licenses as a basis for Apple's royalty rate and it's up to Apple to argue why their rate should be less. VirnetX's published royalty rate also is between l% and 2%. The initial jury awarded VirnetX 1/2% ($368m), far below the rate of the other licenses. These licenses also are based on the price of the whole product.
for servers to act as relay servers for FaceTime. This approach is not covered by VHC's patents. Over the six weeks that this approach was tried, Apple received over 500,000 customer complaints and had to resort to their previous, infringing implementation. Because of the uproar from enterprise customers Apple decided not to implement the same fix for VPNoD. In a hearing to determine the ongoing royalty rate to be paid by Apple to VHC, VHC was awarded an almost 1% royalty. Because of the CAFC remand of the damages, this royalty never started. In the coming trial, the discovery of Apple's work around, its cost and its failure to provide an acceptable solution should convince the jury of the value of VHC's patents. As this trial covers damages for a longer period of time and a wider range of products, the jury could award in excess of $1b. If the jury awarded only 1% rather than the average 1.52% that the comparable license VHC's stock price would skyrocket. Additionally, this time the jury will be deciding whether iMessage and FaceTime also are infringing VHC's patents. This could cause the jury to find for an even higher award.
MLM attorneys like Kevin Thompson and Jeff Babener clearly realize the significance of the Vemma action. Thompson produced two excellent video segments summing up their take on the situation.
And MLM industry "trainer" Eric Worre, who positions MLM as a profession (arguably so is being a burglar, a drug dealer or a mafia hitman), clearly sees the problems for the industry caused by the vemma case in his video.
so law enforcement should have an easy time with this case. It remains a shameful fact that this many years after the Madoff scandal, this poor people's version of the Ponzi-scheme, which is what MLM is (effectively a Ponzi scheme on a layaway plan), remains rampant.
In 2015, a growing number of analysts and media people have begun to understand the most dangerous and pernicious aspect of MLMs, worse than the financial losses they inflict on the public and more important than identifying MLMs as "pyramid schemes." It is the capacity of MLMs to operate cults that gain virtually total control over thousands of participants, making them the equivalent of economic slaves.
Pyramid Scheme Alert is regularly contacted by consumers alarmed and confused by the strange behavior of friends or family members that have joined MLMs. They note sudden changes in their dress, speech and attitude, obsessive recruiting, readiness to quit jobs and take on debt to pursue the MLM "opportunity" while also claiming no need for due diligence, associating only with other MLMers and abandoning or neglecting friends and family, unquestioning belief that "success" and great wealth will come soon through the MLM, a total obedience and near worship of the MLM leaders, and an adamant rejection of facts, argument or logic that question or challenge their MLM affiliation. They appear "brain washed."
In fact, they are brainwashed. The MLM has gained cult control over these people.
for Herbalife in a research report issued to clients and investors on Thursday.
right not the same as being found not guilty either
every court case HLF had where they were being sued for being a pyramid scheme HLF settled, the recent share holder lawsuit dismissal was about long share holders losing money in HLF and the judge ruled they should have known better than invest in a company that had so pyramid publicity, the judge did not rule that HLF was a pyramid scheme or not a pyramid scheme FACT
on inventory and rely on members putting pressure on their own family and friends to buy the no good products that would just set on shelves if they were in stores
bottom 93% of Vemma pyramid made almost three times more per person what the bottom 94% make in the pyramid = HLF is a even worse pyramid scam than Vemma ever was
has taken the initiative to launch a Defense Fund as the FTC (Federal Trade Commission) attack on Vemma is considered by many as an attack on the MLM industry.
He better start one for HLF also. He believes if Vemma goes down so will many MLM like HLF and others.
Avon, Amway and Herbalife, Yanbal
Colombia, according to the Superintendency of companies, is the leader in terms of the regulation of companies dedicated to the direct sale of products and services. Basically, what the Government wants is shut them off these fraudulent organizations that collect money and pretend to be MLM companies.
The most recent advance has to do with the issuance of the Decree 27, issued by the Ministry of industry, Commerce and tourism, which put new limits on firms engaged in direct sales activities.