Replies to post #52130 on XpresSpa Group Inc (XSPA)

[postyle]

<< What are the issues being appealed in the May 6th hearing? >>

The same exact issues that were included in the written briefs by both parties.

<< What are the issues being appealed in the Sept appellate hearing? >>

Not all of the written briefs have been submitted. But when the oral arguments are made later this year, they will be the same issues that will be included in these briefs.

A couple of points for those following VRNG:

(1) The oral argument hearings are NOT the appeals. They are a small portion of the appeal. The issues aren't being appealed AT the oral hearings. They are being appealed much earlier in the written briefs. The oral arguments are made to support the briefs and to provide the panel an opportunity to ask questions. It isn't a necessary step. Some cases do not have oral arguments because the judges decide that their decision will not be aided by oral arguments. Bottom Line: Looking at the Federal Circuit appeals cases as if they are events taking place on the day of oral arguments is Fail.

(2) It is baffling that one can post the oral argument hearings as significant positive catalysts if one does not even know what the arguments are going to entail. And people wonder why I correct misinformation and what can clearly be defined as "blind promotion".

I have previously posted the full content of each brief (PDF files) that has been submitted for those who want to read for themselves. Now for those two lazy to go read the actual briefs as they were submitted by the litigants, I will spell it out in CliffsNotes:

* The first GOOG appeal (Appeal No. 2013-1307) being decided by the Federal Circuit involves the patent claims, the Markman order, the validity of the patents, infringement, etc. VRNG's cross appeal (Appeal No. 2013-1313) deals with the doctrine of Laches and its claims regarding past damages.

* GOOG's second and third appeals (Appeal Nos. 2014-1233, 1289) were effectively consolidated earlier this year. They will cover the post trial issues such as interest and supplemental damages, the ongoing royalty rate, the designing around VRNG's patents with new Adwords, etc. We are still waiting for the full briefing schedule to be fulfilled to have complete knowledge.