XpresSpa Group Inc (XSPA)

[xlt leader]

I thought he did just that last week...here is the schedule:

To resolve the ongoing royalty rate and duration for which the royalty rate shall be received, the Court set forth the following discovery and briefing schedule:

August 25, 2013 - The parties must produce any documents relevant for determining whether "New AdWords" is no more than a colorable variation of the adjudicated product.

September 25, 2013 - Expert witness reports due.

October 15, 2013 - Expert rebuttal reports due.

October 30, 2013 - The parties shall serve and file briefs and any supporting evidence.

November 10, 2013 - The parties may file responsive briefs.

Evidentiary Hearing - The Court, if necessary, may schedule an evidentiary hearing in which the parties may present appropriate evidence and offer arguments in support.

The District Court also held that the parties should be given the opportunity to set their own royalty rate before the Court imposes one. To that end, the District Court ordered that within five days of completing the aforementioned discovery and briefing schedule, the parties meet and negotiate an appropriate ongoing royalty rate, using 20.9% of U.S. AdWords revenues as the appropriate royalty base. If the parties are unable to come to an agreement, the District Court further ordered that the parties schedule a settlement conference with the United States Magistrate Judge assigned to the case no later than December 1, 2013.