XpresSpa Group Inc (XSPA)

[VrngaDingDing]

I think there should be a slight caveat to what you stated. Technically, the work around is before the judge in the sense that GOOG brought it up. It is against precedent and unlikely in the extreme, but the Court could make some detrimental finding to VRNG on the work around at this point. That's just me being careful and VRNG could of course appeal. Far more likely is the judge, were he to rule on the work around at all, is to find the alleged work around still infringes as a matter of law based upon the proffer of GOOG in their opposition as evaluated against the trial evidence. By FAR the most likely, however, is the Court sets a discovery and briefing schedule on the work around.

It bears special emphasis that GOOG is still asking for a running royalty and not a lump sum, which makes no sense if they really have a work around. I, for one, am not worried (opinion here.)

And, as always, thanks for your posts JJ!