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Red Angus

12/29/12 3:58 PM

#24144 RE: sluicer #24141

Sluicer---I do think I/P has a fighting chance to receive a running royalty rate in excess of 3.5% The cases do seem to allow the court to take into consideration the fact that there should be at least SOME penalty for a defendant's continuing (ie., willfully) its course of infringement after a jury finding of infringement vis-a-vis an "innocent" act of accidental infringement before a trial. A wild guess is that JJ will settle on 5%, but what do I know?

I fully realize that judges aren't supposed to get involved in make-up calls or rulings, but JJ has to know he treated I/P pretty shabbily with his laches procedure. Also, the recent Billion-plus-dollar Carnigie Mellon vs. Marvell decision will not go unnoticed by JJ, possibly allaying his one-time fear that his jury was getting out of hand on the high side of a verdict.

As the facts came out at trial, the I/P jury almost had to come back with a finding of infringement. JJ took away $500 million +/- in past damages with laches, and the jury came back with a suggested 3.5% RR for the future. The ball will now be in JJ's court (pardon the expression) on the RR percent. It's up to JJ to take into consideration the concept of increasing the RR percentage because of the continued infringement post-lawsuit-filing and post-trial. This is a judicial decision. I'm looking for a higher-than-3.5% RR not only because it's appropriate under the cases, but as a partial make-up call. Just a guess.
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acrazjo

12/29/12 5:01 PM

#24146 RE: sluicer #24141

Actually VRNG is pushing the judge and GOOG with their motions. I was quite pleased with their motions for 7% instead of the paltry 3.5%.

As far as the appeal process, it matters not to most here,because they will have sold into the spike when the judge rules.

This is the rocket court still! and this will be decided sooner rather then later. The judge will rule relatively soon even with the extension. A month or a month and a half is a relatively short time frame for this to be ruled on going forward.

The judge pretty much has to rule in favor of VRNG and pretty much has to use at the very least 3.5% of 20.9%, it is about all he has to go on.

The Obama part of your post is a little farfetched and I am being generous. He has much bigger fish to fry than VRNG at the moment. This is not national security stuff.

The judge could still rule on the juries error. The dates were moved back for reasons unknown, holidays, settlement vacations, not enough time to get everything in order, take your pick.

Umm, it is my firm belief that the jude and VRNG and GOOG did not elect to push the time frame out to help the shorts to cover.

The judge cannot rule against VRNG, it is a matter of record that the jury has ruled in favor of VRNG. The likelihood of him ruling against VRNG is 100 to 1 shot. He will likely rule for somewhere between 3.5% to 7 % of Goog's 20.9% monies.The stock will spike on this news at least to 5 to 6 dollars. it is just a matter of time.


The judge will not be swayed by external forces on a case like this No chance of governement getting involved on this case. Judges rule their roost as it were. Good luck with whatever you do and this is all just my opinion as is your post.

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hoggydog

12/30/12 6:12 AM

#24160 RE: sluicer #24141

So you think a Federal judge is being told what to do by the Obama administration because of national security issues? People are going to think you are losing it.Don't let your imagination get you down.