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iwfal

02/15/12 5:13 PM

#137104 RE: zipjet #137082

MNTA -

At the point that the court determines the damage from the infringement, they are not limited to the damages that have already accrued.



Ok - so then my point was that given:

a) the size of the damages (large)

b) the fact that WPI/A* do not have the cash to pay the above damages or even come close

c) the fact that even 80% royalties on aL is not sufficient to pay #a even when combined with #b

THEN if follows that

MNTA/NVS is likely to get a reasonable percent of all of A*/WPI's income stream for a substantial period of time. I would suggest that whether this takes the form of "royalties" or something else is a nuance that doesn't matter to first order.

We good?