Possible Miscalculation by Jury (More upside in Damages possible)

The events of the day was more focussed on the victory and subsequently figuring out why the damages were so low. As I was thinking more about this and given the line of questions that Jury was asking (what # do they apply for damages)….they have possibly come out 3.5% of total damages (i.e from 2004 onwards).

Take for instance AOL’s overall original damages –$22.6M …and 35 % of that is $7.9M. However, in case of Google they have used 3.5% of 451M to come come up with $15.8M damages.

Let’s hope Judge Jackson makes the correction or vringo team requests for the same.

Jury Verdict —-Vringo Wins !!!!!!!!!!!!!!!!

Summary:

Goog infrigned patents 420, 664
Lang Patents are valid

Jury awards 3.5 % Runnig Royalty rate……Possibly this may turn out to be ~600M from future

Current damages details are pending …..Past damages are appearing to be less (around 26M…still confirming though)

However, note the big thing is ruuning royalty

Tracking updates today

All,

Just wanted to let you all know that I am tracking updates today. Most likely, the first information would come through my tweets as it is easier to update over phone. I will do my best to get the information as early as possible.

I anticipate rumors and mis-information being floated around today. Hopefully you all make the best decisions consideration all the information available into account.

Twitter: @percyview

What Mattters Now is….Winning !!!

strong>Updates as of (9:30 AM) – Nov 1

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I came across filing by Vringo on pacer with regards to Laches. Basically, a signed statement from Lycos – General Counsel saying that they were not aware (in order to counter laches).

Notice filed by Vringo<

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Well, the events of the day (Oct -31st) may not have been completely in Vringo's favor given the ruling on effective date for damages. Since, I am not a legal expert, I cannot comment on whether this was a rare misstep that vringo's lawyers made or maybe they didn't anticipate the ruling so swiftly. In any case, looking forward all that matters now is “Winning” i.e getting favorable verdict from Jury.

Dr. Carbonell’s testimony:

Dr. Carbonell is a soft spoken (possibly 65+) yet very direct in his testimony and answers. I think the way he transitioned from his testimony to his cross-examination was very seemless. In other words, he managed to keep the same tone, confidence and direct responses (unlike Dr. Ungar). Besides, he has 30+ years of experience in search which Goog’s lawyer brought up in cross-examination (I found that strange).

I think his testimony would serve key to Jury’s deliberations. I think Jury may “latch” on to his testimony on ruling out specifics related to claims, prior art and obviousness. I personally feel that his style is quite in contrast to Dr. Frieder and Dr. Ungar too. Judge’s rulings on invalidity and obviousness must have something to do with his testimony and let’s hope Jury may find it so as well.

Judge’s Ruling:

Hon. Judge was possibly left with no choice. I was able to sense his helplessness while getting agitated at Vringo lawyer(Mr. Brother’s). I could sense some kind of tough love. But it doesn’t mean that he would act tough on future damages. Based on Jury’s verdict, his decision on final damages outcome (i.e future additional damages) could still shape a lot of things going forward.

Winning and Beyond

I do NOT have any internal preview on Vringo’s plans for immediate future based on trial outcome. Let’s take a scenario wherein Vringo’s gets favorable verdict from Jury.

So, what’s next:

  1. Microsoft, Yahoo Lawsuits (At least 100-200M from each all inclusive)
  2. Mobile Patents Monetization (based on Patent granted recently in Oct-2012)
  3. Further specifics on #3 are still waiting to be released (which I think may be released after the trial)
  4. FB and Goog will be targets if my understanding is right on #3
  5. Nokia patents  monetization which is independent of this trial. However, we know that there is additional cash cow now.

I personally think it may progressively increase based on outcome and assuming there is a roadmap for future revenues.

However, markets may not always view it rationally.

Disclosure: I am LONG on vringo. This is not an investment advice. Please factor in market risk, your independent financial position and personal risk ability.

Oct 31 Updates

Oct 31 Updates – As of 12:45 PM

A quick updates that I got from court is that Judge is hearing out Vringo’s objections to judgement given out earlier. Vringo has argued that it is procedurely incorrect to have the judgement while the rebuttal is not yet complete. Judge has said that since Vringo didn’t have rebuttal on damages, he may have had to decide.

While, the chances may look slim based on my limited legal knowledge whether this may affect the damages figure at all. However, I am told that Vringo may possibly have another rebuttal over this. Their lawyer is scrambling to get someone from Lycos days in court (most likely tomorrow).

In short, let’s NOT panic.