I guess, you can sue anybody for anything and it requires some kind of response. I was simply addressing the question of whether or not Emil was spending his own money on responding to this lawsuit. My sense is that this is likely covered under their D&O policy and will continue to be unless it is proven that he actually did something fraudulent or otherwise illegal.
You do realize that the largest ever Jury award for patent infringement is around $2.5billion this was in 2016 and the final appeal, which I can't really understand was written up in 2019. A quick search on a settlement i.e. agreed to out of court, didn't yield much in the way of verifiable results. Also, although I know that treble damages are a thing, I didn't see any of the large judgements including those, so I am inferring that the treble damages standard is not applied very frequently.
I get that there are huge numbers being thrown around, which to a large degree is saber rattling to get the defendant's attention. I think damages are: simply a starting point for the negotiations, often inflated and are greatly diminished in the trial phase, then further reduced when the actual payout phase starts given that even after a judgement a plaintiff can wait a super long time, or even lose if an appeal is filed. Just think what the management team would be facing from this group of whiners if they got a $2billion judgement, and then lost at appeal after being offered a $1.5 billion settlement after the verdict. That would be like kicking the winning field goal with 5 seconds left, but accepting a roughing penalty on the defense so they could try to score a touchdown and falling short.
In my opinion, if some kind of licensing agreement could be entered into, it would give the current shareholders and markets a way to truly monetize the potential income streams and create a stable market for the stock. In the hands of a good operator this could grow the share price over time while letting some of the older or worn out shareholders an attractive exit while doing a better job of going after all of the infringers and maximizing the full value of the patents.
That is my dream assessment, but I highly doubt that is even remotely on the table. My apologies to NYT for challenging the length of his posts :)
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