My thoughts exactly. Do you remember the following from one of last year's court transcripts? Just to refresh some minds we have a winner here! From the Reddit board:
Keep in mind the LEGAL SHOT HEARD AROUND THE WORLD – Last year’s key conclusion of the Hearing with Hon. Joseph C. Spero...
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
[Transcript Extracted Verbatim - Certain capitalization for Emphasis Only]
NO. C 09-05718 SBA (JCS) . . . THE COURT: "Okay, But your backup is ... That is to say, if you're getting the materials Post-February 7th with respect to this and some pre-February 7th with respect to this particular module to the extent that it bears on equitable intervening rights, then that's what you should get. That's what you're looking for, right?"
MR. SHEASBY: "Your Honor, that gives us the guidance. The only other additional piece that we need guidance on is the Visto factors speak about the AMOUNT OF PROFIT THAT WAS GENERATED DURING THE INTERVENING RIGHTS PERIOD AS A FACTOR, and so at some level we do need to know the level of infringing activity during the intervening rights period so that we can CALCULATE WHAT THE PROFITABILITY AND BENEFIT WAS THROUGH THAT PERIOD.”
THE COURT: "Well, that's part and parcel of my post-February 7th time period ruling or guidance. YES, SALES AND PROFIT ARE PART OF IT."
MR SHEASBY: "Thank you, Your Honor.”
THE COURT: "All right. You guys have fun.”
MR SHEASBY: "Thank you, Your Honor.”
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