Wednesday, August 23, 2017 8:08:22 AM
About three years ago on the Skunk blog (and perhaps copied here as well) there was an educated and informative analysis that put the direct damages in excess of $200 million at that time. For purpose of argument say that figure is now a low estimate of $250 million. (As KK keeps telling us damages continue to accrue throughout these proceedings; and accruing, and accruing, ... ). Since willful violation of the patents has been established; punitive damages are in order. Punitive damages in this case may be as high as treble the direct damages, or $750 million.
So if you want to throw around numbers, use $1 billion as the figure that is potentially at stake. Now we all know that the award ("windfall") will not be any where near that figure but when conjecturing on the scope of potential impact of this litigation on the defendants "$1 billion" is far more accurate than "tens of millions".
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