Health Discovery Corp (HDVY)

[alan81]

It makes sense to me that the payment to HDVY is tied to the profit Intel made from using the patents. I am not a lawyer, so I am not sure if this is the legal definition or not. However, I can't begin to imagine how you might compute that. Given Intel needs access to hundreds of thousands if not a million patents to build their products it will be difficult. Usually the big winners can show the Intel product could not be produced without access to their particular patent, or in other words there was no alternative. I think Intel can easily show there are several open source alternatives to the HDVY patent, they just happened to make a bad choice in using the HDVY algorithm.

Given HDVY did not have a competing shipping product there are not damages in the traditional sense of the word. HDVY did not have their product revenues reduced due to Intel shipping a competing product, but rather they were deprived of payment from Intel for Intel's use of the patent. I think all we can really do is wait at this point.
Alan