Replies to post #130273 on Voip Pal Com Inc (VPLM)

[Sheepdog]

Without a trial, how exactly is infringement confirmed or potential treble damages applied? Or doesn’t that matter to anyone?

It matters because none of those would have been determined. They can only be determined by a court upon conclusion of a trial or agreement of the parties for the particular circumstance.

[Spyke37]

It would be awesome to get a final legal judgement, but that is the last thing the folks with deep pockets want to see. Admitting to patent infringement is what gets executives fired and board members recalled. All of the damage claims and threats of treble damages (which are almost never awarded, no matter how willful the infringement), are what help shape the size of settlement. It is kind of an expected value and time value of money calculation. It does matter, but in practice it generally turns into a gigantic negotiation around a complicated math problem.

[rapz]

Drumming,
A settlement could imply the defendant admitting to infringement and agrees to pay a certain amount for a negotiated settlement. Is that not guilty of infringement? If not guilty, why would they pay any amount? The defendant may try to hide their defeat with the usual comment: "neither confirm nor deny!"

Why we have not heard about licensing of those MG patents? Did AMZN's Alexa device not come under the guilty charge? Why would they not reveal licensing news? Will the 10Q/10K include the licensing news or terms? Wait and see.

2 settlements: AMZN and Huawei. Huawei too is guilty of infringement. Possible licensing in EU, India, and China will be great. Waiting for details.

An advantage of settlement is that parties do not justify going for an appeal.

Jury trial:
Not just finding guilty of infringement in a jury trial, but proving the "willfulness" by the jury will be a sweet spot that will trigger a 5 alarm fire to other defendants. Treble damages!

US patent law sets no maximum for damages. Those hoping for 1 million and 2 millions award, check VPLM's the preliminary 2017 estimates for VZ, T, AAPL.
VZ estimated damages were $2.4 Billion in 2017. Update the 2017 estimate by adding appx 10 years of damages to make it current, 2024.

Judge Albright awarded $2.4 billions damage against Intel just TWO years ago. Up to 4 billions of damages have been awarded over the years. No wonder VZ tries all sorts of gimmicks: Reexamination of MG patent in lieu of another IPR and arguing about the damage estimates.

Hudnell expects to use the substitute to address complaints about Mr. Salk and still complete the discovery prior to June, 2024 in time for the pre-trial conference. VZ lawyers have nothing better to argue than the Alice issue against VPLM.

Alice issue: Judge Starr exposed Huawei's nonsense Alice argument last month. Judge Brantley Starr did an excellent analysis of the Alice issue. He is as good as Albright. Brantley Starr is the nephew of former special counsel Ken Starr. jmo