I read the "cap" as an unknown to us number which is primarily put in place in case the judge comes out with a 7 or 10 percent RR. I think it has very little to do with the 30 million other than possible RR percentages.
Some people look at the trees, some look at the forest--
Not to crush your dreams, but there are some facts everyone should consider before blindly accepting that the 6 patents from MSFT are significant:
(1) the patents are not currently earning any revenue
(2) the patents are not currently the subject of any enforcement action or litigation
(3) patents usually take years to monetize
(4) these patents were never monetized while owned by MSFT, thus opening the door to certain specific defenses to anyone VRNG litigates against
and... the biggie...
(5) The Hart-Scott Rodino Antitrust Improvements Act of 1976 (“HSR”) and related rules require that all acquisitions of voting securities or assets exceeding a threshold amount be reported to the Federal Trade Commission (“FTC”), as well as the Antitrust Division of the Department of Justice. The current threshold is $68.2 million.
Although the statute and rules are silent on the subject, the FTC staff has consistently taken the position that a sale or assignment of a patent is an asset sale subject to reporting if the dollar threshold is exceeded. Likewise, an exclusive license that conveys all significant rights under the patent also is reportable...LINK
I ask you, have you seen anything to indicate that either VRNG or MSFT have filed reports to the FTC or the DOJ? Neither have I. ;-)
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