XpresSpa Group Inc (XSPA)

[Delroy]

The excellent news is that many are infringing

http://www.bailii.org/ew/cases/EWHC/Patents/2015/214.html

84. Secondly, this patent has been found to be a standards essential patent or SEP. It therefore affects access to the UMTS and the LTE telecommunications systems as a whole. So unlike some patent cases in which it may be that the only two undertakings who really care about a particular technology are before the court, in this case we know that many in industry will be affected.

107. I will say no more than this. I suspect the fallacy in the reasoning of Vringo at this stage may be that just because it may be so that the global portfolio offer is a FRAND offer, it does not follow that the global portfolio licence on offer is the only set of terms which could be FRAND. It seems to me that there is likely to be a FRAND rate for EP 1,212,919 (UK). I can see that the aggregate of individual FRAND rates for patents taken alone and on a territorial basis may well be far more than global portfolio rates and so a rational defendant may well prefer to take a global portfolio licence rather than a series of individual ones. Moreover I accept, as Vringo urges on me, that global portfolio licences are the kinds of licences industry normally enters into.

This stock will be at least $2.50 soon