Voip Pal Com Inc (VPLM)

[rapz]

It is difficult to predict even if we have access to VPLM's most recent estimates. VPLM used a very low royalty rate to make the estimate realistic, counting each infringed item. Infringers will "negotiate" for almost zero damage. But the law is on plaintiff's side and the judge follows the law. Between VPLM's numbers and zero royalty, the judge has to find a number.

Suppose the judge awards $2-3 billion per defendant. For nine defendants we get $18-27 billion total on apportioned basis. Apportionment issue is arguable. If the jury concludes willfulness, which is likely, Judge Albright may escalate the jury award three times. $90 billion TOTAL. AMZN's ecommerce business is huge, so is infringement award.

We have no idea unless it goes to trial and the jury awards a high number close to VPLM's estimate plus willfulness escalating it three times. Recall Intel vs. VLSI case award of $2.2 billion in Waco and no willfulness. Judge Albright awarded $2.2 billion. He would not have hesitated to escalate it three times to $6.6 billion if jury concluded willfulness. jmo.

Our hope is Judge Albright. Recall how cleverly he handled AMZN venue transfer petition. CAFC agreed with him citing almost all of Judge Albright's points. The hope is that he would handle infringement awards in a similar fashion and defendant appeals will be denied. jmo.