XpresSpa Group Inc (XSPA)

[Red Angus]

Pirate-Vrng will definitely appeal the laches decision. Whether they will be successful or not is of course the question, but the lost past damages because of application of the doctrine of laches will certainly be one of the grounds for appeal (or cross-appeal) by I/P.

There are a couple possibilities if the appellate court thinks JJ ruled precipitously or wrongly. The appellate court could simply say that JJ should have, procedurally, given I/P a chance to present an opposition to the laches theory---which could result in JJ still ruling against I/P after a remand on that question, OR the appellate court could find that JJ erred in applying the law. This would reopen the past damage question that JJ took away from I/P.