Wednesday, November 13, 2013 1:05:18 AM
1. From G'(1048) they state "Further, there is a reasonable basis for believing that the patents are invalid and not infringed which precludes willfulness as a matter of law."
Really? Wow..both patents have been upheld after multiple USPTO reviews and a jury verdict. This point in and of itself should tell HJJ that 'scolding' VRNG is absurd and these people are in denial and not willing to work in reality. Really? they are still arguing the patents are invalid? are they in some alternate universe?
2. Same motion they state that the jury awarded .5% and therefore the RR should be the same. Again, alternate reality. Even if you remove the discussion on past damages and not even address whether or not there was an error, that SAME JURY STATED UNEQUIVOCALLY, that a future RR is warranted to the end of the patents at 3.5% of 20.9% so what exactly are they arguing.
I am looking forward to the settlement conference where a magistrate has their way with QE's absurdity.
Its like QE is a kid with terets repeating nonsense.
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