InterDigital Inc (IDCC)

[Ghors]

Well I just had a long reply typed out and it was erased before I could post.

In short, there are many theories of damages in patent case which are very complicated and which the CAFC will or will not accept in support of a jury verdict. Three theories are Nash Bargaining Solution, Smallest Saleable Unit and other licenses. VHC just got hammered by the CAFC because those judges in a De Novo review didn't like the experts' damage theories even though the judge and jury approved them. That type of De Novo review by the CAFC is under attack in the Supreme Court in the Tevo case argued last week.

Once again and like FRAND, this is an evolving area of law which leaves lawyers guessing as to how to present their cases. That sucks, but it is the reality of not settling.

In conclusion, the expert writes a report in which he evaluates the infringing products vs. the value of the patent to the desirability of the patents contribution to the entire product and it's sales. They then attempt to set a value in terms of dollars or percentages. The expert theories are subject to Markman hearings and being thrown out as junk science or unreliable. Our experts survived these attacks so far, but we have no idea what they wrote. UNTIL THIS WEEK.

Hopefully, Technical and Capt Bob will report the numbers. It should be today.

g hors