Monday, December 11, 2023 5:26:12 PM
Agreed. And the 2.2 mil would be a loss, not a win, since I don’t think it would even cover expenses.
The only counter argument is: Suddenly, all entities involved realized there were no damages inferred at the closing of the discovery phase. I say inferred, because I believe discovery involves only submissible evidence which will be presented in court. A “discovery surprise” is a contradiction in terms, since evidential transparency is the aim of discovery.
As early as the pre-trial communication, damages were indicated, so it would be hard to imagine going forward that damages weren’t cemented along the way.
Contingency attorneys carefully calculate the risk, and a miscalculation like this would be a My Cousin Vinny (minus Marisa Tomei) level of incompetency. I find it implausible that we can prove infringement without damages.
I’m squarely, and reasonably in the “more to come” camp.
Even the mere mention that this is a scam shows a profound lack of DD, critical thinking skills or honesty.
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