InvestorsHub Logo
icon url

BrokeAgent

05/03/19 2:50 AM

#66896 RE: CDUB27 #66889

This has only been on going for about 3.5 years. It's not an uncommonly long period of time for a civil case. The average civil case takes about 4 years to resolve. Carter and Leanne know this, that's why the date for the $5 million was set for October 2020. It provides plenty of time for a 4 year battle and an appeal from the initial October 2015 filing.

The potential damages have been discussed on here repeatedly. The typical settlement figure is 1% of revenues during the infringement period. I would hardly think 1% would "empty their pockets." That's why Carter went after the ISPs -- they're more liquid than the suppliers, because they have reaped repeated benefits from the tech and made more money than the suppliers. If they go to trial, it could be treble damages plus attorney fees on top of that. My best guess is that's what Chanbond asked for in the settlement negotiations, and rumor has it a $500 million offer was made. I don't know if they will go to trial or not. Their strategy could be to take it to trial, then appeal the award if they lose and end up paying what they would have paid in a settlement anyhow. The advantage to that strategy is time. Of course, the disadvantage to that strategy is they could lose the appeal and pay treble damages plus attorney fees.

I don't think we're going to have a good indication of whether they go to trial or settle until after the Cisco appeal.
icon url

AllinFun

05/03/19 10:49 AM

#66905 RE: CDUB27 #66889

Also I would like to add in response to this post - the attorney fees are a percentage based fee more than likely. It's very likely a contingency based contract in which there is a percentage paid to the attorneys which changes nothing in the time spent on fighting this case. The percentage of the final amount is the percentage and that's that so time dictates nothing in terms of fees owed.