Replies to post #41001 on XpresSpa Group Inc (XSPA)

[napkinbie]

JJ cited the "judicial economy" as the reason for not giving a "piece-meal" ruling on the running royalty for post-judgment damage award.

[JJSeabrook]

azn, if HJJ is inclined to award 7%, and he were to award 7% for that period of time through May when GOOG announced a work around, and this work around is shown to still be infringing, what exactly chance would that leave for ANY possible settlement? He would have already set the bar at 7%, and following a showing of the work around being a farce the parties would then know damn good and well he would hit GOOG for 7% for the entire RR period. There would NEVER be ANY chance of settlement as no way would VRNG take less than 7% and no way GOOG would step up and just voluntarily offer 7% in settlement. At least the way he did it nobody knows what he's going to rule for sure leaving a "possibility" of settlement, no matter how small the chance of that happening may be.

Actually setting that 20.9% base at this point was a nudge towards a potential settlement. He could have withheld that and addressed that in his final order, but he didn't.

JJ

azn5280 Member Profile azn5280

Friday, August 16, 2013 3:39:40 PM
Re: None
Post # of 41027
Shouldn't the judge at least issue a royalty rate for judgement from verdict to when Google supposedly stopped infringing? I know it's only roughly six months, but that would have helped push both side into a settlement fast, because it would at least set a base rate.

[Recentiy03]

Did you read 963? He clearly states why he didn't.

"Additionally, the Federal Circuit urged in Paice II, parties should be given an opportunity by a district court to fashion an ongoing royalty through direct negotiations before a court imposes one on them. Paice II, 504 F.3d at 1314-1315."

[ive been had]

No, once he gavels the final rr it is over no settlement talks can be conducted with the courts. Now they can talk in appeals court and settle but if he ruled the final rr it is over.

[azn5280]

thanks for all the answers. really appreciate the explanation..