Vringo would add to the appeal the laches argument which they were not allowed to support when their witness wasn't allowed to testify. That would substantially increase the damages hundreds of millions, depending on what the sales figures were in those years.
GOOG would also have to break out the AdSense bump, which would also increase the damages. The other little factor is what is the IRS going to find is the true sales figures for the US in the years they are auditing for Google, 2007-09.
They are likely trying to determine if Google increased their sales in foreign areas so as to decrease their taxes in the US, because the US rate is higher.
This may also be something that is a part of the negotiations-just what are or will be Google's sales for all the years of the patents' use from 2005-16. And what is the projected growth rate for GOOG for the next 4 years of the patents' lives. These are huge numbers.
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