XpresSpa Group Inc (XSPA)

[JJSeabrook]

azn, if HJJ is inclined to award 7%, and he were to award 7% for that period of time through May when GOOG announced a work around, and this work around is shown to still be infringing, what exactly chance would that leave for ANY possible settlement? He would have already set the bar at 7%, and following a showing of the work around being a farce the parties would then know damn good and well he would hit GOOG for 7% for the entire RR period. There would NEVER be ANY chance of settlement as no way would VRNG take less than 7% and no way GOOG would step up and just voluntarily offer 7% in settlement. At least the way he did it nobody knows what he's going to rule for sure leaving a "possibility" of settlement, no matter how small the chance of that happening may be.

Actually setting that 20.9% base at this point was a nudge towards a potential settlement. He could have withheld that and addressed that in his final order, but he didn't.

JJ

azn5280 Member Profile azn5280

Friday, August 16, 2013 3:39:40 PM
Re: None
Post # of 41027
Shouldn't the judge at least issue a royalty rate for judgement from verdict to when Google supposedly stopped infringing? I know it's only roughly six months, but that would have helped push both side into a settlement fast, because it would at least set a base rate.