Arp--You may be right in your predictions about what the parties will do, I dunno. If you’re right, though, it seems to me that JJ will have no reasonable option but, when he finally rules under your scenario, to sock it to Google for its planned, deliberate delays while intentionally continuing to infringe. If Google misrepresents to the court that it has a workaround, and obtains further delays based on such misrepresentation---and then it turns out that Goog has once more misrepresented matters to the court---JJ will imo HAVE to stand up and be counted by enhancing the royalty rate.
In your hypothetical I think that the more obvious and intentional the delays and misrepresentations and continued infringements by Google would turn out to be, the higher would be the probabilities of RR enhancements. Recall the Florida judge's observations about Google's misuse of the legal system in this regard.
I’d like to think that Google is stuck. It may delay the inevitable, but they’re stuck by the jury verdict. And although Big Bad Goog may delay the inevitable, the ironic thing about Goog’s delays is that if those delays were purchased via misrepresentations about workarounds, etc. the end result may be a larger damage award against them. Of course my thoughts are contingent on JJ finally having the guts to act (and under your scenario he would have allowed himself to be mercilessly whipsawed even more than he has been to date).
Just ruminating here.
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