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JeffreyHF

10/29/13 4:36 PM

#350 RE: Noonehasthisusername #349

Appeals need to be based upon legal errors, like granting or denial of motions by judges,erroneous Markman rulings, improper jury instructions, or erroneous evidentiary rulings. Findings of fact by the jury are overturned only when they are caused by erroneous rulings by the trial court. PRKR won far more favorable rulings than Qualcomm, and prevailed on liability, so if error is found, it is more likely that it benefited PRKR and prejudiced QCOM. Patent appeals go the the conservative Court of Appeals for the Federal Circuit, in Washington, D.C., a court very sophisticated in patent issues, and not favorably disposed to "non-practicing entities" like PRKR.
Given the recent SCOTUS opinion tightening the standard for obtaining an injunction (EBAY v MercExchange), there is no way that PRKR, a NPE, will obtain one in this case. And contrary to your assertion, Qualcomm will appeal the verdict, and has an excellent chance for reversal. Worst case scenario, the amount of damages awarded ($173 mil) mean nothing to them, but everything to PRKR.


mrmacg00

10/29/13 4:37 PM

#351 RE: Noonehasthisusername #349

True but..... Why not step out of the stock now and repurchase when it drops below $2 bucks! Than sell again as it touch 3! You should be able to do that 3 to 4 times in the next 18 months! Just ask VRNG holders to verify the waiting period!

postyle

10/29/13 4:37 PM

#352 RE: Noonehasthisusername #349

It's highly unlikely willful will ever be found. After Seagate, Bard, etc. the CAFC has pretty much stated there are two prongs that need to be satisfied and the fact finding issue of the jury is a key element.

In recent years, it has become increasingly difficult for patent owners to prove willful infringement -- especially since the district court judge him/herself must determine objective recklessness in addition to the jury's decision.

Furthermore, willful infringement doesn't necessarily mean treble, or triple, damages. The damages might not be enhanced much, if at all.

alphaInvestor2

10/30/13 10:10 AM

#356 RE: Noonehasthisusername #349

I completely agree. What you said is the only logical outcome to the situation. Grab your cheap tickets folks. This one has great potential$$$$ GLA$$$$

lukin4winners

10/30/13 1:59 PM

#358 RE: Noonehasthisusername #349

Agree and think the $173M settlement was way undervalued when the bottom expectation was 400+M to 1.5B with willfulness. This isn't over and mm's are in control keeping it down and accumulating to cash later when appeals are submitted. We should be doing the same $4 very reasonable valuation with patents.