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Re: postyle post# 42627

Monday, 09/02/2013 2:14:44 PM

Monday, September 02, 2013 2:14:44 PM

Post# of 68424
I respectfully and completely disagree with you postyle.

This quote says it all to me.

The parties also agreed to a limitation on Microsoft's total liability, which would not impact the Company unless the amounts received from Google substantially exceed the judgment previously awarded.

As I stated before, if you read that last bit "unless the amounts received be google...."

Now, in my mind, clearly there is some sort of adjustment that occurs if google damages greatly exceed the 30 million.

What that is, who knows but as I said there is very much reason for this.

Why?

1. Well what would cause Google damages to be significantly higher? An RR correct?

2. How do they get an RR? well if JJ awards one, and they are held up on appeals.

3. How does 2 occur? ONLY if the USPTO upholds the patents.

4. From this I deduce this clause was put into place by MSFT as an escape hatch, out clause in case the patents were deemed invalid (ie why pay an rr if the patents are invalid, and I as msft are not paying that upfront before I know the outcome of that - ie so they piggybacked googles request for review).

5. One can then deduce, an RR is coming from MSFT as the adjustment once this is done. While not significant like Google's numbers, it should provide more money to the pot.