Friday, July 31, 2015 7:12:30 PM
Let's say I/GOOG hit you with my car in December, 2012. You get a judgment against me for breaking your RIGHT LEG, and that case gets appealed. I/GOOG run into you again in December, 2014 and this time I break your LEFT LEG while the first case against me is on appeal. Just because I broke your left leg this time does not in any way increase your damages in the case in which I broke your right leg before. Two totally separate causes of action, and the latter does not increase the damages for the former.
Any GOOG involvement with regard to the NDA simply doesn't matter in the current GOOG appeal, now or ever. They simply aren't related. Different facts and totally different potential cause of action. Not saying there may not be some potential exposure for GOOG with regard to the ZTE case, and not commenting on that one way or the other. Just saying that GOOG's potential involvement with the NDA material has absolutely no affect on the I/P Engine v GOOG case on appeal now, hopefully remanded to CAFC, and followed by a remand to the trial court. It just doesn't matter in that particular case, and will never matter, IMO.
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