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Re: Tinkerer post# 14042

Saturday, 09/07/2013 3:44:36 AM

Saturday, September 07, 2013 3:44:36 AM

Post# of 46516
@Tinkerer,

One quick comment based on a cursory read of your post:

It seems you trebled the entire period of 2006-2018. Remember, trebling only applies to past damages only (the 6 years from 2006-2012), and would only even be a possibility IF the Court buys WDDD's contention that ATVI willfully infringed during this past period.

The periods 2013-2018 should not be trebled. This would bring down your total potential award should everything go WDDD's way. But even still, should everything go WDDD's way, the potential reward is still quite significant.

A couple of other points to keep in mind:

(1)
Should the case even go thru the entirety of trial (i.e. ATVI and WDDD do not agree on a settlement during this interim period), we can hope (pray? LOL!) that ATVI continues to utilize WDDD's patents even after a jury verdict that favors VRNG. Considering how critical these patents are to ATVI's COD/WOW/Diablo franchises, I don't see ATVI simply pulling the plug on these. Unless ATVI is braindead, they will settle post-haste following a jury verdict in favor of WDDD. If not, then any continued use of the patents w/o a voluntary license builds the foundation for WDDD to seek an enhanced RR from the Court that may be greater than the RR's you highlighted in your post.

(2)
Even if the case goes thru the entirety of trial, should the jury find in favor of WDDD and this ruling is upheld by the Court throughout the post-trial motion process (and also by the CAFC should it get to appeals), then the most likely outcome will be a settlement. Even if the case never goes to trial, it will likely be because a settlement was reached ahead of time. In any event, the point being that if WDDD "wins", the end result will likely be a settlement -- meaning that WDDD will likely NEVER actually receive full value for the past damages. This is especially true in cases where there is a long patent life remaining. And a settlement, by definition, means a discount. In this event, you can count on past damages being heavily discounted as part of either a lump sum payment or in exchange for a healthy RR going forward.