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Comcast just lost a class action suit for charging rental fees for their boxes.
At any rate, remember, we can only prove "willful" infringement where Comcast is concerned; and the dispute at this point concerns value, not infringement. They will not likely concede to Carter's value, and they will probably appeal a jury award.
If the judgment was awarded in December, the deadline to file an appeal was in March.
I think I read somewhere that only about 15% of appeals are heard. In addition to judicial errors, excessive jury awards are one of the few reasons the Federal circuit would agree to hear a case. Of the 15% heard, less than 2% are overturned. Essentially, appeals just kick the can down the road another 6 or 7 months 98% of the time. And let's face it, that's really the only advantage the 13 have left at this point - delay tactics.
Cox was hit with a $1 billion judgment in December 2019 for copyright infringement. They took the case to trial, risking treble damages. This is why I dont think there will be a settlement.
https://www.google.com/amp/s/www.multichannel.com/.amp/news/cox-slapped-with-1b-verdict-in-copyright-infringement-case
Comcast has not likely agreed to indemnify anyone. Remember, it would have cost them $5,000 to purchase the patents.
I agree with you, but we're talking about a multi-billion dollar corporation that had years to pony up $5 million for the patents before they were sued.
Idk, if they settle at the low end, .28 per box, Comcast is on the hook for about 2x as much (maybe a bit more) as the remaining top 7 anyhow. With treble damages, the liability for the remaining 12 will look like chump change by comparison.
It's possible Teece didn't have all of the numbers of subs, or accurate numbers, when he testified.
Well, Teece's number for Atlantic broadband is much higher than the number I come up with. I used the bare minimum of .28, which comes out under $10m. Looks like Teece is somewhere midrange. At .75 cents per unit per month I come up with $26 million for Atlantic Broadband, (unless they've lost boatloads of subs over the years and they had three times as many until recently). At .75 per box it comes out to $2.654 billion for the top 7, Comcast, Charter, WOW, Cox, Atlantic Broadband, Cable One and Mediacomm. Not including treble damages for Comcast. Charter, though, would be at $260 million at .75 per box for 7 years, so perhaps they haven't been infringing as long, or have grown their subs considerably in recent years. I thinking the remaining 6 have fewer than 400,000 subs each currently. Of course, the numbers I'm using for subs are just from 2019 and they're rough. Different sites have different numbers but they're all in a pretty close range. Some have probably grown subs over the years, and some have lost subs as well. I think the challenge would be to get a precise number of subs per month for the last 7 years.
I think $1 a share is not too terribly high at all. Especially, if Comcast is still feeling emboldened enough from their win of portions of the '844 patent to lose at trial. At .75 over box per month for 7 years, they would be looking at roughly $1 billion before treble damages.
I hope I didn't hang onto this stock for years so Carter can just give the patents away.
At least $1.
Comcast had 22.84 million subscribers in 2019. That number was down from 2018 by 733,000 subscribers. That puts Comcasts liability alone for 7 years somewhere between $500 million and $600 million at the very least.
At the absolute lowest end of the valuation -- .28 per subscriber -- combined liability for the top 7 providers would top $1 billion.
IDK. Add up the number of subscribers for the 13 on the attached list, multiple that by .28 (Teece's minimum), then by 12, and then by 7. That should give you a rough idea.
I'll be cheering for Geejay!
People on this board keep forgetting that Chanbond had 8 patents challenged at PTAB by each of the 13. If any of the patents are used in Docsis 3.1, they are infringing.
A settlement is always cheaper. Basically, they owe what they owe. The economy has little to do with the value over the last several years, unless they go bankrupt. I don't see that happening, especially with more people shopping online and working remotely these days.
The other 12 dont have 5 years. No more delays. They're out of time. Andrews has ruled the trials will be in quick succession. They will have to pay immediately after a verdict if there are no grounds for appeal.
We don't know that Cox is indemnified. Arris stated "certain" customers requested agreements, and they only produced one agreement, which was sealed.
Some may go to trial - those without indemnification agreements. So far, I can't see anything that would warrant an appeal. Depends on what happens at trial at this point. Only about 15% of cases are appealed.
I agree. I have a feeling Cox will go to trial. And I wouldn't presume that the remaining 12 will just fall in line and offer up settlements when Cox loses.
Brings the question of a possible injunction in our case to mind again.
I've also read only about 15% of civil cases are actually heard on appeal.
It doesn't appear Cox, or any of the remaining 13, will get an appeal based on the proceedings so far. At this point, it looks like their best hope would be a reduction of the award if the jury award comes in high. But, even if the appeals court agrees to hear the case based on that, there is no guarantee they will get it reduced.
I've been looking into the appeals process. It appears not every case qualifies for appeal. Defendants will need to prove errors in the judicial process or in the judges interpretation of the law.
I could live comfortably for the rest of my life on half of $4 to $5 per share. But after the arrogance and bs over the years from the 13 and their attorneys, and RPX, Arris, and Cisco, I hope Carter nails their arses to the boards. Pompous, arrogant thieves. 1%. Twenty eight cents per box per month (or was it .23) is what the pompous, arrogant, greedy thieves would have been paying out of the $40-$70+ per month collected from their customers, and they would rather not? Let the jury selection begin.
Hopefully, I wont be winning the WAG. My guess seems a bit low.
I saw it. I believe I posted it awhile back - April 24. I think I calculated about $4.88 per share just from the 13 top providers from that link.
They can't be approved by a court for bankruptcy protection unless they actually are bankrupt.
Careful now. I posted a similar comment last year - about how the 13 would drag this out until the market turned and was lambasted by just about everyone on the board.
That's a good question. Might be a moving target for many of us. With the banks holding a lot of debt and the fed printing money to cover tax breaks and over spending, we're at risk of hyper inflation. Who knows how much is enough at this point.
Looks like Arris's petition has been denied, again.
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/19-455.html
Are they still covered if they sat back on their laurels and did nothing until it was too late? Their insurer may have a legal argument there.
I think it's basically mob psychology. I watched Americans ridiculing Australians on social media for weeks and felt relieved. Then, just two weeks later... just incredible.
Lol. Didn't see that one. I guess I'm not capitalizing on Scruff's tp offer.
Im sure the 13 know they're screwed, but it seems they're going down kicking and screaming all the way.
Oooh, ooh, pooh pick me!
"Bottom" line (pardon the pun) is: Long term is saying the tech is not in question and the 13, and the manufacturers, are on the hook for several billion, i.e., they're basically screwed.
Hook me up, Scruff!
Your the third person today. I used the words bibliophile and pedantic and people had to stop me to ask me what I was talking about. Lol. It's that damn Dean Koontz! I always swore he was pretentious and annoying as hell, and now I feel like I'm turning into him! Yikes! But the plotlines are good. Diabolical.
I scored some store brand this week. I think I shoulda just ordered some sandpaper from home depot.
"The manufacturers are on the hook" explains Arris's desperation.
I keep thinking I need a codicil for my will, to make sure my extended family don't come crawling out of the word work trying to get their hands on any toilet paper I may have left when I go.
Holy smokes, you're likely right on the money. https://broadbandnow.com/Cable-Providers
Comcast only has to pay treble damages if they lose at trial.