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Re: Noonehasthisusername post# 349

Tuesday, 10/29/2013 4:36:32 PM

Tuesday, October 29, 2013 4:36:32 PM

Post# of 934
Appeals need to be based upon legal errors, like granting or denial of motions by judges,erroneous Markman rulings, improper jury instructions, or erroneous evidentiary rulings. Findings of fact by the jury are overturned only when they are caused by erroneous rulings by the trial court. PRKR won far more favorable rulings than Qualcomm, and prevailed on liability, so if error is found, it is more likely that it benefited PRKR and prejudiced QCOM. Patent appeals go the the conservative Court of Appeals for the Federal Circuit, in Washington, D.C., a court very sophisticated in patent issues, and not favorably disposed to "non-practicing entities" like PRKR.
Given the recent SCOTUS opinion tightening the standard for obtaining an injunction (EBAY v MercExchange), there is no way that PRKR, a NPE, will obtain one in this case. And contrary to your assertion, Qualcomm will appeal the verdict, and has an excellent chance for reversal. Worst case scenario, the amount of damages awarded ($173 mil) mean nothing to them, but everything to PRKR.


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