Replies to post #21574 on XpresSpa Group Inc (XSPA)

[Alphi]

steve kim makes a very good point that EXACTLY how the royalty rate is calculated was determined during the trial. This was one of the first things established in the trial and so it would seem the judge does not need to explain it again.

this would also mean that whatever formula Dr Becker applied when he revised his calculations would stand.

I don't think the exact calculations were ever revealed to the public because google had won a suppression on any data relating to their financials, so only the slides and graphs are on public record.

there are 801 documents in the case you can bet at least one of them spells out exactly how Dr Becker came up with his damages numbers.

the trick to these kinds of court cases is to read between the lines because a lot of financial information is commercial in confidence and so will NEVER be made public. (unless of course there is a leak)

[mrjic]

Ed said in his own report that the Judge had the jurisdiction over post trial motions and would issue judgments on those as they come up. His point seemed to be that a final ruling or judgement, meaning not preliminary, was made on the verdict and the 3.5% running royalty. Perhaps we are a bit lost in semantics here. JMO

[JJSeabrook]

SDG, the "Judgment In A Civil Case" entered on November 20, 2012, under FRCivP Rule 58 (as noted above the Judge's signature on the Judgment), I BELIEVE, starts the appellate timetable. On or before December 18, 2012, the parties will either have to file a motion for new trial or to modify or correct the judgment, or other motion requesting relief from judgment.

IF there is no Motion for new trial or motion to modify or correct the judgment, or other motion requesting relief from the judgment, the appellant must file a notice of appeal and filing fee with the district clerk within 30 days after November 20, 2012. FFApp 1.

IF there IS a Motion for new trial or motion to modify or correct the judgment, or other motion requesting relief from the judgment, and relief is DENIED, the appellant then has 30 days from the date of denial to file notice of appeal and filing fee with the district clerk.

Judgment is final when entered, subject to court's action on postjudgment motions listed in FRAP 4(a)4).

The entry of that judgment started the clock ticking. Other clarifications, including prejudgment interest and how the 3.5% is based will come as a result of motions to be filed which will be incorporated into the Final Judgment.

This stuff is directly from "O'Connor's Federal Rules, Civil Trials 2012." Page 1577, TIMETABLES: Appeal of Civil Trial.

JJ