Replies to post #48507 on XpresSpa Group Inc (XSPA)

[starbuxsux]

That is the most beautiful document I've seen in a long time! :-D

[foreontee]

That was a GREAT read.

[postyle]

works for me. I won't remove or edit the link so it will be permanent

[High_Profits]

6.5% For the reasons stated above, the Court FINDS that the appropriate ongoing royalty rate
is 6.5%

For that reason, the Court declines to address Defendants' attempts to re-attack and relitigate the evidence presented and considered in the pre-trial proceedings and at the trial in this
case, as such evidence does not represent a changed circumstance between the parties.

http://wirelessledger.com/1088.pdf

I/P Engine's expert, Dr. Becker, points to four changed circumstances to justify its requested
increase: Defendants are now adjudged infringers, there is now a different owner of the patent
who is financially sound, AdWords' revenue impact is now better known, and certain
comparable licenses would no longer be subject to discounted rates and would range between
3.75%)and 5%o. See Georgia-Pacific Corp., 318 F. Supp. at 1120 (considering "[t]he opinion
testimony of qualified experts"). The Court finds that the first three of those four changed
circumstances, while all variations on the theme that Defendants are now adjudged infringers (a
fact that will be further accounted for to some extent in a willfulness enhancement, as described
below), are all relevant and weigh in favor of increasing the royalty rate (and are virtually
undisputed by Defendants). With the jury's verdict in hand, I/P Engine is in a much stronger
bargaining position than it would have been in 2004. The Court, however, places little weight on
Dr. Becker's fourth consideration, which concerns pre-verdict circumstances. As I/P Engine