Replies to post #15248 on NetList Inc (NLST)

[100lbStriper]

gm jet, yeah i just read this guy netty lite. i love what he's got to say. just like you, bring on the bench !!! gilstrap is the man !!!

Yes, you can ask for an injunction at a bench trial after a defendant is found guilty of willful patent infringement. An injunction is a court order that prohibits a party from doing something. In the context of patent infringement, an injunction might prohibit the defendant from continuing to make, use, or sell the infringing product.

To obtain an injunction, the plaintiff must show that the defendant's infringement is likely to continue and that the plaintiff will suffer irreparable harm if the injunction is not granted. The plaintiff must also show that the balance of equities tips in its favor and that the injunction is in the public interest.

The court will consider all of these factors when deciding whether to grant an injunction. In general, courts are more likely to grant injunctions in cases of willful infringement, where the defendant has acted knowingly and deliberately

The injunction remains in effect during appeal unless the court of appeals grants a stay. A stay is a court order that temporarily suspends the effect of an injunction. The court of appeals may grant a stay if it finds that the defendant is likely to succeed on appeal and that the plaintiff will not suffer irreparable harm if the injunction is stayed

The time it takes to get a stay on an injunction can vary depending on the court and the complexity of the case. In general, however, it can take several weeks or even months to get a stay.

There is no chance in hell Samsung can afford 1 day of injunction!!! Settlement by May 30th! Any bear want to debate me on that?

wake up people! Even if there is a 1 percent chance of injunction. How could Samsung risk it? You don't play Russian roulette over a a relatively small amount of money for Samsung

HOLY SHIT
According to a study by the American Intellectual Property Law Association, injunctions were granted in 65% of patent infringement cases that were tried to a bench trial between 2000 and 2010. This suggests that injunctions are a relatively common outcome at bench trials in patent infringement cases

There is no way Samsung takes those odds after being found guilty in the manner they were and in front of the judge who knows the entire story.

Someone explain to me how this is not a no brainier?

Settlement by 5/30. Carthago delenda est!

If a company ignores an injunction granted by a judge in a bench hearing after a patent trial, the judge may hold the company in contempt of court. This can result in a number of penalties, including:

Fines
Imprisonment of company officers or employees
Seizure of company assets

Yes, Judge Gilstrap has granted injunctions before. In 2012, he granted an injunction against Apple, preventing the company from selling certain products that infringed on patents owned by Motorola Mobility. In 2015, he granted an injunction against Microsoft, preventing the company from selling certain products that infringed on patents owned by Oracle. And in 2017, he granted an injunction against Samsung, preventing the company from selling certain products that infringed on patents owned by Ericsson

Um did you know he has actually granted a injunction before on Samsung? lol.

According to a study by the Federal Judicial Center, about 10% of Judge Gilstrap's rulings were overturned on appeal between 2005 and 2015

Judge is about to add enhanced damages on them of up to 900 million and a possible injunction and there is a 90 percent chance they are on the hook for it all. Then they still have to make a liscening deal... but now with zero bargaining power. Or... Just settle.