XpresSpa Group Inc (XSPA)

[napkinbie]

Most of you read the Court Settlement order WRONG.

Judge Jackson (as well as many other district judges in recent cases) have stressed the importance of allowing the parties the time and opportunity to settle. In order for the parties to settle, it would be crucial to know whether the "New Adwords" is continuing to infringe. Therefor, I believe Judge Jackson will issue a ruling regarding the "colorable difference" issue before the settlement conference on Jan 22nd 2014.

The post-trial Court settlement order and the upcomimng 1/22 meeting is not about the court settlement in general sense such as negotiation for total sum of compensation to resolve the dispute. Sure, in the settlement discussion they could discuss anyting such as w/a, or do any horse tradings. But in this post-trial Court settlement, the settlement is specifically about negotiating the royalty rate. The Court records shows that 3.5% RR should be the minimum, and Vringo wants 5% or 7% for future royalty, and Google obviously wants a future RR much lower than the 3.5% decided by the jury for past damage award.

Let me repeat again, this post-trial Court settlement is specifically about negotiating the royalty rate. I don't think Vringo will get a 7% rate and Google will not succeed in lowering the future RR to below 3.5%. My guess is Vringo is asking for 5% and Google counter offer is a number much less than 3.5%, and most likely the future RR will be decided by JJ to the tune of 3.5% - 5%.