<Since the ITC case could force 13 settlements worth well over 100 million after expenses>
I do not believe the USITC can force a settlement or determine what is a fair settlement. Corrections welcomed. In any case,
How do you arrive a 100 million?
Many years ago, the combination of HP, Sony and Nokia totalled 73 million in license fees. That was before the USPTO reexams were completed and not as a result of legal action. If those 13 companies licensed back in 2006/2007 timeframe and paid similar license fees, that would amount to well over 300 million. Considering the delay in signing, the completion of reexams, and the need to go the litigation route, I would think that the license fees would be substantially more than what they would have been years ago. I consider substantially more to be no less than double that number and would expect something closer to triple.
While the NDOC might have difficulty finding treble damages for willful infringement, that is the level I would be asking as a fair settlement of the USITC complaint.
Opty
