XpresSpa Group Inc (XSPA)

[napkinbie]

Excerpt from 963:

"...To this end, within FIVE (5) days of completing the aforementioned discovery and briefing schedule, the Court ORDERS the parties to meet and to negotiate an appropriate ongoing royalty rate (bold text empahsized by commneter napkinbie), using 20.9% of U.S. AdWords revenues as the appropriate royalty base. If the parties are unable to come to an agreement,the Court FURTHER ORDERS the parties to schedule a settlement conference with the United States Magistrate Judge assigned to this case no later than December 1, 2013."

As I've stated previouly, they can discuss anything during the negotiation, and negotiators can come up with any creative horse trading ideas, but the main focus of the court mandated "settlement" is to negotiate the ongoing RR.

It makes perfect sense to me for the Court to let or order both sides to come up with the RR on their own, and the court will then intervene ONLY if both sides cannot come to an RR agreement (I think it is very important for Vringo to impress the Court that it had acted in good faith and being fair and reasonable in its RR licensing term or RR negotiation).