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Monday, December 17, 2012 6:44:12 PM
The future damages from the running royalty obviously would not be included in a supersedeas bond and VRNG would be entitled to payment of that royalty during the appeal. Don't exactly know how that's going to get worded in the final judgment.
MY GUESS, and ONLY MY GUESS, is that the final judgment sets forth when those payments for the future royalty shall be paid. Let's say the judgment says that GOOG shall make the royalty payments X days after the end of each quarter. If GOOG fails to make that payment, I BELIEVE VRNG would then have to file suit to reduce that past due payment to judgment in order to get out execution on THAT NEW judgment for past due royalties. I'm far less than 100% certain of that, so take it FWIW. I "think" that's how that works. You have to have sum certain damages in order to get out execution, I believe, unless in patent cases there is special legislation that applies, and there could be. Maybe someone else knows.
JJ
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