Replies to post #47873 on XpresSpa Group Inc (XSPA)

[Kool Aid Drinker]

3.5 % = base RR , non willful

Since they are infringing willfully, I have confident that HJJ will applying the law correctly and meticulously this time. I would guess 5%+ at least will be granted.

[Red Angus]

inter--I can almost guarantee that the RR will be more than 3.5%. JJ can't give an inapplicable RR just to induce a settlement. He's bound to grant a rate in conformity with what the case law and facts of this case dictate.

If JJ just gives 3.5% he'd have to ignore the two aspects that are applicable to this case that would necessarily increase the RR in SOME degree, to wit: (1) The "changed negotiating position" of the parties case law, and (2) the willfulness post-trial continued infringement of Google.

But it's jmo.