Ok thank you

well sept 4th I.D. that puts the 45 day appeal somewhere around oct 18th to the 20th......

Thanks for the info

I think you make a very good point of showing the whole Apple debacle. How DL, co-mingled, we sued, we still arent sure how much apple paid in a co-mingle total, or do we have that. This could help raise the standard. IMO in the handset category, however do we have to do that in court or can we negoatiate it? Will negotiation expose us too much!

Your scenario sounds good and doable, yet it will take some time.

Our expert testified, with formula's from past infringers and bla bla, and we lost it. The jury came up with their own formula. How are we now taking losing formula's to determine future licensing fee's?

This sounds very good, very believable, it works, it fits, its doable. Im not accusing you of anything. However. We wont know till the numbers come in, and we actually start licensing new infringers under the current status of Validity and infringement we have just received.

We just dont know how that scenario will play out and there is some uncertainty to it.

If we lose the ITC appeal, and infringers start to balk at higher fee's, how will we make them pay higher fee's? or will we still accept lowball fee's?

Right now im not sure how this scenario will play out, can they argue pre 950k that the fee's were to high in light of the juries finding, is that like a legal standard, the juries verdict?

Im just not sure till we see something that we can take past infringement scenarios and use them. I base this on the fact our expert used those scenarios to determine they owed us 10 million starting out, but the jury didnt see it that way and we lost our experts case.

They awarded us 950 k on their formula, not our formula's. So can we now use defeated formula's, to set a standard for licensing? are they defeated formula's?

Best to you

Thanks, you make a great point about the ITC id forgotten about. To answer your question, the ITC decision is being appealed/challenged, or some other correct word, yes, i saw that Jim O has started that process. However all NDOC actions against the "others" are stayed pending ITC.

ITC is shutdown right now. This throws a damper on winning the Appeal at ITC and putting a gun back to the head of the infringers who will not want to mickey mouse around over lower fees, if they lose. Which in turn could bring in large settlements, which in turn could raise the bar from the low 950 k judgement being a standard to go by.

So we wait on the ITC being reopened and getting through the backlog of cases.

LL, if we lose the appeal at ITC, then we lose the gun to the head thingymabob.

How then will we overcome the low 950 judgement, if the other infringers dont want to pay? Will we have to drag someone to court?

Best