Interesting addition to ZTE/Google counsel - an expert in both Patent law and Anti Trust.
I had mentioned the following on SA, that those emails, the countermeasures etc, may amount to a legitimate anti trust case. And this may be why G is so worried (and this addition to their legal team certainly raises an eyebrow on that theory).
I mentioned on SA that I found Google's concern about the AEO designation very interesting for the following reasons
I see their (G's) worry as potentially in 2 areas, and it really depends on what is in those documents (obviously) and whether their (G's) rationale was 'honest' or a smoke screen, something only the Judge will be able to assess from reading the correspondence.
1. If we are to believe Google, the emails may have included the sharing of settlement terms that Google has asked for on their similar patents in other litigation and /or negotiations.
If this is the case, I can see a fair argument for keeping it confidential, as no company wants that in the public sphere. This theory would also align with why they stated that VRNG has already sought redress against us (ie they are a potential threat to come at us again), and would imply that they are concerned that existing patents in the Nokia/MSFT portfolio will allow VRNG to come after them (G) and plans to.
Alternatively, they may just be assuming that in the future, should VRNG acquire further patents that allow them to come after google in the infrastructure or handset space (even if they can't now), they would have competitive knowledge of Google's settlement expectations, a significant advantage.
Add to that, even if neither of those two situations arise, other companies would have access to that information, again, a competitive and fair rationale not to allow that information into the public arena.
2. The above would certainly align with Google's arguments. However, Google could also simply be worried about Anti Trust issues (in particular read on the Sherman Act which I believe may apply here if they 'conspired' with ZTE and have assisted ZTE with the 'countermeasures' and the emails suggest as such). This is also highly plausible, however, I would think that if this is the case the Judge will release this information as it is not aligned with Google's arguments/basis for allowing the emails to remain designated as AEO.
3. One may hope the reason VRNG is pushing this hard is because the real reason is they suspect the REAL ISSUE IS number 2, and their (V) efforts here may have been to nudge ZTE's 'friend' to apply pressure on them to settle (ie it could simply be some grandstanding, which VRNG seems to have a bit of a habit of). Realize, at this stage, VRNG has not had access to that information and wants to see it, only their outside counsel has and they cannot share the contents, this is what the restriction is. Perhaps V has enough of the puzzle to know that number 2 occurred but what is in those emails is the Anti Trust smoking gun. The addition of the new counsel furthers this thought.
Regardless, lets hope this adds leverage for us. It still baffles me that if #2 is the case, ZTE wouldn't capitulate, stubborn and stupid beyond all comprehension.
Finally, as I said a few days ago, I would really like to see Management step up and start buying here. It would move this stock very quickly to $7-10 (.70-$1 presplit), and align with my prior comments on helping them market to institutions in advance of rulings vs ZTE, which I certainly hope they are doing. I suspect any institution worth their salt will be asking Perlman & Co, why they have never bought in any material manner and that if they do, they expect management to as well.
Would be great to see some form 4's, a sharp move in the share price, some strong marketing efforts, and strong rulings from Kaplan this year early next.
THAT is how the company should be trying to enhance shareholder value at this stage. They have the ability to do so, lets see if Perlman has the smarts to right his past wrongs, or if his commentary about repairing shareholder value is simply pandering to the market.
