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Monday, November 12, 2012

Vringo $VRNG Vs. Google $GOOG: Seeing The Forest For The Trees

Vringo $VRNG  Vs. Google $GOOG: Seeing The Forest For The Trees

" If it is a simple mistake, like a missing zero, then there I suppose there is a possibility that the Judge could address and maybe even fix, the mistake. But in doing so, we would be creating a minefield of appealable issues. If there was a mistake, there is also the possibility that the mistake was not a simple mathematical mistake, but a more significant mistake, like how the damages evidence was to be interpreted, or how the questions on the jury verdict form interrelated. I suspect this may be the case, because of the several questions the jury asked during deliberations concerning damages. Because of those questions, I doubt that the jury made a simple mathematical error, as many hope and suspect. I think that if a mistake was made, it was a mistake of understanding the interplay between the past damage award (the $30 million) and the running royalty, and when the running royalty would ultimately begin. This kind of mistake would be almost impossible, if not absolutely impossible, to fix without a retrial. Any takers for a retrial? I didn't think so.
Finally, we really need to consider that Vringo may not want to go anywhere near trying to get anything changed with the verdict form. Remember the tree vs. the forest. Do we really want to risk tearing the forest down so that we can replant one tree? As a Vringo shareholder, I am much more invested in consolidating our very substantial gains in this trial than I am in chasing more past damages from Google. I'm sure that Vringo's attorneys are looking at this issue, and maybe they've already decided what direction they are going. We'll know for sure when Vringo files its post-trial motions.
You may feel differently, but we really have to understand that the major battle was won, and decisively so. It may be time to take ZTE to the doctor and let Google go about the business of working to earn us some future royalties."

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