Ever since Vrng asked for that extra month of past damages, I've thought it was a great move.
- It gets JJ to have to run the past damages numbers and it makes sure he has to realize they are screwy.
- And his ruling on the extra month, if it came first, would also telegraph to us the amount/percentage he would have been likely to go in for future royalties.
- Now Goog is pushing to lower the Goog customers past damages, which like you say is dangerous because it also makes JJ look extra closely at these numbers. Which could easily go against Goog to the tune of 158 mil.
Yup - quickly asking for the extra month was a great move.
Most longs think there was a clerical/math error on past damages. I think it was likely that... or maybe the jury thought the monetary amount from Goog would be "in addition" to running royalties. Remember the questions the jury asked while deliberating, and the terse answers they received. So JJ may not think there was a clerical/math error. He may just think the jury wrote a lower amount from Goog thinking it was in addition to running royalties. And if "confused" but wrote it on purpose is the case... then past damages may not have much of a chance of getting increased even if JJ looks closely at the numbers.
BUT... if there are only two real possibilities for what JJ would have to think about past damages
1- calculator/math/clerical error against Vrng -or-
2- Jury confused and thought "in addition to running royalties"
we may not get a past damages increase... but that ought to help seal the deal for 3.5% of 20% (or 20.9%, or higher) for future royalties. Because if JJ thinks the jury made a "math" error, then he'd have to realize what their % running royalties intent was. And if JJ thinks the jury thought the monetary amount was "in addition" to running royalties, then he'd have to know the jury never meant for Goog to only be charged that paltry amount. And he'd once again have to come to the conclusion that 3.5% of 20% (or 20.9% or higher) was their real intent.
That's my thoughts about all that. So yes I agree, Vrng quickly asking for the extra month past damages was imo a great move.
