XpresSpa Group Inc (XSPA)

[coolerheadsprevail]

Would you like to cite case law or is it just your opinion?

@xlt,

This topic has been discussed ad nauseum in the past both here and over on freeforums.

As others have pointed out, the doctrine of res judicata would apply.

But even without the legal mumbo jumbo aspect of it, common sense also tells us this could never happen. Let's go thru this for yet another time:

The case is already knee-deep in trial. If MSFT or anyone else acquires either the patents or buys out all of VRNG, they assume all assets/liabilities/contingencies "as is", including the status and conditions of this lawsuit.

As such, whether any resolution will come shortly after JJ rules on 822 or whether it will be dragged out for another 12-18 months via appeals, there will be only 3 possible outcomes:

(1)
GOOG will emerge victorious via an appellate ruling in their favor re: Invalidity or Non-Infringement, thereby rendering 420/664 impotent. MSFT is now the proud owner of two patents that are as useful as a limp noodle. Case closed.

(2)
The appellate court affirms the jury verdict and affirms the notion of a future RR. Regardless of what this RR or base is, this future royalty is in essence a court-brokered license (albeit a compulsory one) which provides GOOG the right to continue using 420/664. As such, MSFT would have no basis to sue GOOG again for these patents GOOG is now a legit licensee with full rights to the use of the patents.

(3)
GOOG settles. Again, any settlement would include a license for continued future use, so MSFT would have no legal basis to sue GOOG again, similar to (2) above. It is not a legal issue that requires precedent case law to understand -- it is fundamental contract law.


The only way MSFT could even try to do anything to GOOG would be to IMMEDIATELY (1) acquire the patents and convince VRNG to drop the entire suit ASAP, or (2) buyout all of VRNG and make the decision themselves to drop the entire suit ASAP.

After dropping the suit, file a brand new suit, this time alleging willfulness. Now MSFT needs to take a number and get in the back of the line again to get scheduled for another Markman hearing and then go thru the entire damn trial all over again.

Oh, and did I mention that by going this route, MSFT would be forfeiting the priceless and invaluable UNANIMOUS JURY VERDICT that had already been won?

And one more thing: By the time all of this happens, we are already in the 2nd half of 2015 with only months before the patents expire. And this isn't even accounting for the time that GOOG will consume in inevitable appeals as well to easily drag this new suit out until 4/4/16 and beyond.