Rapz, it's tough to say what'll happen when it comes to treble damages. It's my understanding that the trend has placed more power in the district courts to award willful infringement damages without being overturned by the federal circuit (as has been supported by the Supreme Court). And, like you said, I think that ultimately it does fall into the judges lap, regardless of what the jury awards and/or doesn't award. I do think the judge gets the final say either way.
I do think considering that VP did inform over 64 defendants of infringement years back and Amazon was one of them, the defendants have known for quite a while and therefore the award would be justifiable; however, not sure I actually see a judge going to much higher than the $2-3B mark on total damages. Although, there is no limit and if the judge is bugged by the defendant and their past practices (even though he wont show that in court), maybe he might go higher, much higher, there's always a first, right?.
We're in great spot even without treble damages. VP's got some big fish on the hook and now we just have to land them. We just need the VP team to be careful, no mistakes and park this bitch into the cheap seats! 😀
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