Replies to post #30062 on XpresSpa Group Inc (XSPA)

[postyle]

A voice of reason!!! You made my day. Great post.

<<...more than likely they will get 10-20 mills up front and some small royalty percentage going forward...>>

I just got attacked (on another MB) by rabid kool-aid drinkers for suggesting that MSFT represented a fraction of the GOOG opportunity. I suggested something like $25-$50 million.

Good times!

[xlt leader]

I suggest you go back and read the lawsuit that Vringo filed agaonst Microsoft. Past and future damages are alleged.

Further there has been no legal precedent set as you claim. The judge himself indicated that Vringo should take it up at appeals court, until appeals are heard, if they will this is a judges ruling only not law.

According to the complaint, I/P Engine is seeking a judgment declaring that Microsoft has and continues to infringe the patents-in-suit, and an award past and future compensatory damages amounting to no less than reasonable royalties, prejudgment interest and any other damages based on any form of recoverable economic injury.

If you read the suit itself it goes back to 2003

http://microsoft-news.com/vringo-subsidiary-ip-engine-files-lawsuit-against-microsoft-over-patent-infringement/

[h2145h]

It could cause Goog to be more inclined to settle since they may noit want their major domestic search competitor to get the patents which would give MSFT the ability to sue to injoin.

[ive been had]

Happy easter everyone, waiting to find my golden egg, lol.

Now to the matter at hand, why will they settle for more than 300 million. One name says it all go see what the man Donald Stout is all about! He is the king of large settlements, i say 350 million and going forward of 10 percent. Maybe even a partnership going forward, where lang and crew build bing into a platform to take google down a peg. My opinon and we shall see, i think it gets done before the 21st of april.

[Bsav88atty]

While I agree that many here are greatly exaggerating the amount of the MSFT settlement, your statement that the laches ruling in the GOOG lawsuit is binding in the MSFT is incorrect. A laches ruling is heavily dependent upon a particular set of facts between the parties in the lawsuit to which the ruling relates. While there may be similarities in MSFT, which they are no doubt using a leverage to get the best settlement they can, the claimed past damages in the MSFT do go all the way back to 2003. That said, a settlement at this early stage in the lawsuit (where the dependent has not even been served), will bring a large discount to MSFT. Anything more than $30M is improbable and more than $50M is remote.

[tobinator00]

Alphi, I am posting revenues prior to the lawsuit being filed against Microsoft as no ruling on laches has been made relative to Microsoft. The presumption is that Judge Raymond Jackson was correct in ruling for Google that laches applied due to a blog post that Lycos was aware of how Adwords worked. How that blog post would apply to the Microsoft case, I do not see any connection. Also, many lawyers have commented that Judge Jackson was incorrect in many aspects of how he handled laches in the court and the ruling itself. He basically blindsided Vringo's counsel and did not allow them to present a defense prior to his ruling.

Perhaps you can tell us what evidence Microsoft has that will compel the Judge in the case to rule laches apply? My understanding is the burden of proof is on Microsoft to show laches apply. Thanks.

[Alphi]

at least i'm not a monkeys uncle...

but I now I wish I was :D

Sunday, March 31, 2013 4:15:21 PM

why are you posting numbers from prior to 2013 when the court case was only filed in 2013..

there has already been a legal precedent set with the latches ruling in the GOOG v VRNG Case that backdated damages prior to court filing cannot be awarded.

yes VRNG have appealed that ruling but it is extremely unlikely to be overturned.. if I recall correctly Steve Kim thinks its possible and Dan R thinks its impossible.. but neither think it is probable.

any reasonable analyst worth their salt would assume that settlement talks between VRNG and MSFT will cover only the years 2013-2016 (mid 2016 if I recall correctly)

I think people are blowing the MSFT v VRNG case well out of proportion... it will only ever be a fraction of what VRNG Gets from Google et al. and same goes for any future cases against Yahoo, FB, ZTE etc... the real meat is in the GOOG v VRNG trial and everything else is just icing on top.

best guess is they get as much as 20% of what they get from GOOG etc most likely less than that given that settlements are often a meeting in the middle where each side gives some ground.

in my view anything else is PURE FANTASY.
I will be a monkeys uncle if VRNG walk away with more than $150 mill from MSFT after settling... more than likely they will get 10-20 mills up front and some small royalty percentage going forward

but hey I'm happy to stake my reputation and eat my words if I'm wrong...