InvestorsHub Logo
icon url

drumming4life

05/22/24 7:33 PM

#130279 RE: Spyke37 #130278

“…threats of treble damages (which are almost never awarded, no matter how willful the infringement…”

Not so long ago, I was in the camp that believed enhanced/treble damages are almost impossible to get but have since switched my belief. Enhances damages for willful infringement are very possible with a strong case in the right court. Award rates vary by both venue & industry

This article is from Sept 2023 and has good info about enhanced damage award rates.

https://www.mayerbrown.com/-/media/files/perspectives-events/publications/2023/09/enhanced-patent-damages-trends-ip-attorneys-should-know.pdf%3Frev=2f164f5b37b6492db53f4ad52a755b66
icon url

nwmtgirl

05/22/24 7:44 PM

#130280 RE: Spyke37 #130278

Exactly, lots of data and math. In my company when we went after companies that were illegally using our IP we had data both internal,( mainly existing contracts) and external (industry data) that we used very complicated statistical models to calculate Time Value of Money on both labor, non labor, including overhead costs as well as profit. Going back when they started using our IP, using their customer base. Alot of that data is available via publicly using their tax filings. That's how we monetized the starting point for negotiations. So depending on the company ie. If they were the naughty ones that used VPLM IP without permission. You can show them ranges of how they can make it right with a settlement. Cut a check to Emil for $$$$$$$$$$ and they now own the licensing rights. Or if you are a company that wants to own the IP, then you show them what they can possibly make by buying the license/rights. A value can be determined with all the companies that we have open court cases with. Calculate a range of potential income stream for them to sell the licenses. Then strike a deal. They could potentially go after the infringers in court. Depending how deep their pockets are and how good their lawyers are?! I only have a financial background so that's how my simple mind would approach it from building a cost model. Obviously there's a ton of contracts and legal stuff involved which is not my swimlane! Maybe there are some other schools of thought out there?
icon url

straightword

05/23/24 9:01 AM

#130292 RE: Spyke37 #130278

Remember when we were told last fall that some big settlement with AMZN was a "done deal"? Still waiting for the big announcement that was going to rocket the price per share and make it go through the roof. LOL!!