XpresSpa Group Inc (XSPA)

[coolerheadsprevail]

Here is a link to the actual Court Order re: this ruling by Judge Koh:

http://online.wsj.com/public/resources/documents/apple20130301.pdf

In it, she states the following:

"When a Court detects an error in the jury’s damages verdict, the Court has two choices: the
Court may order a new trial on damages, or the Court may reduce the award to a supportable
amount."

If you read what the judge said, there were ONLY two options, not three:

(1) Order a new trial on damages (which is what VRNG has motioned for via 825)
(2) Reduce the award to a supportable amount.

Notice there is no option (3) to increase the jury award. And, no, it is not because she is specifically referring to the current AAPL-Samsung case where she imposed the doctrine of remittitur (the reduction of a jury award). It is because the doctrine of additur (the increasing of -- or adding to -- a jury award) is prohibited in US federal courts (some states permit it, but no federal) per the precedent case Dimick vs. Schiedt, 293 U.S. 474 (1935).

This is not news and certainly not anything that JJ is not already aware of. As stated above, the only avenue under the particular circumstances described in this article that VRNG can pursue is the new trial focused specifically on damages, which it has per 825.

Hope this helps...