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Sunday, July 31, 2022 12:21:49 PM
Infringement damages discussion comes after the final infringement contentions are resolved at the "meet and confer" sessions that started July 26.
Not too much time is spent on paperwork or filings in Albright's court. Some orders are even sealed.
In the infringement discussion, if parties - AMZN vs. VPLM - do not come to an agreement then judge Albright might step in and resolve disagreements. That step is probably the most important ruling from judge Albright - a judge who understands patents and claims. It is similar to the Markman hearing.
Only after infringements are confirmed, it makes sense go to the next step of discussing damages. DETERMINE what the violations are before claiming damages!
Probably judge Albright might let the parties do another "meet and confer" discussions on damages or take another approach.
Defendants are expected to fight the hardest at this stage but they also know business risks if they do not compromise. We shall see how good Judge Albright is. If VPLM gets a favorable ruling from these discussions - infringements confirmed and damages assessed - that will be an important milestone for VPLM.
Keep fingers crossed and hope for the best.
The TWTR case of a pre-emptive protection from a possible infringement of MG patent sounds silly for the court to allow to proceed. TWTR was not sued for MG patent infringement yet. Why a DJ case was justified by a NDCal judge? NDCal seems to love DJ cases.
TWTR imagines that they could be sued because VPLM has sued other defendants in Waco and is going through Discovery phase with AMZN. A court that allows such baseless DJ cases to proceed looks silly. Expecting that VPLM will point out the "folly" when their turn comes.
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