But here is the part that has me pondering. GOOG at this point is now a willful infringer, ever since the jury gave their verdict to my understanding. What is to stop VRNG from suing GOOG again. This time for willful infringement?
"Most courts have also set the post-verdict ongoing royalty higher than the pre-verdict rate, including the Paice remand, Creative Internet, Cummins-Allison, and Boston-Scientific. This seems correct. The ongoing royalty compensates the patentee for surrendering its right to file a new lawsuit to address the continued infringement. In that lawsuit, collateral estoppel would prevent the defendant from raising any defenses on the merits. And a willfulness finding would be almost certain because the defendant could not believe in good faith that its actions were permissible, which would expose it to the risk of treble damages and attorney fees. A defendant would surely pay much more to avoid such risk than it would have paid pre-verdict."
So it seems that if no settlement is reached, and if the running royalty is not raised from 3.5% to say 5% or 7% to compensate VRNG from suing GOOG again, then VRNG will certainly sue GOOG again for willful infringement now, and will surely have the courts in its favor because of GOOG's continued use of the patents after the jury gave its verdict.
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