Replies to post #46633 on XpresSpa Group Inc (XSPA)

[tutankhamen]

IMO, if nothing happens (should I say when), at the very least it will be crystal clear to the magistrate that neither side is budging and when that is reported back to a recalcitrant JJ, I think things start to move pretty quickly with RR% ruling followed by a W/A ruling in Feb...with the appeal review coming up, he needs to finish this.

[Snoooop40]

I really think the answer to your query;

Lots of do's and don'ts, but I would like to know is if both parties do not come to a agreement either before or at the conclusion of said meeting.( What happens next? )

Lies somewhere in Order 963

HJJ says "Plaintiff Is Entitled to an Ongoing Royalty for Continued Infringement and the Appropriate Royalty Base is 20.9%"
&
"As a result, the Court FINDS that I/P Engine is entitled to an ongoing royalty to compensate it for Defendant's continued infringement of I/P Engine's patents."
&
"The Court will not re-litigate this question and will apply the 20.9% royalty base introduced at trial to determine the proper ongoing royalty."
& the kicker
"The Court will apply the modified Georgia- Pacific approach to resolve the question of what should be the proper royalty for any ongoing infringement by the Defendants.

As has been posted several times here, there is doubt whether HJJ will follow through with the statements he made in the order. He has tried and continues to try to get a settlement.

Personally, I don't believe a settlement is possible here as the parties are WAY too far apart in there damages estimates. I cannot guess what will happen on or after Jan 22 2014 but HJJ has already talked the talk, he needs to walk the walk if required.