Appeals court to hear Google-Vringo arguments on May 6

A U.S. federal appeals court will hear oral arguments related to Vringo's (VRNG +3.3%) infringment suit against Google, AOL, and others at 10AM ET on May 6. (PR)

The hearings will follow a Jan. 28 ruling by an Eastern Virginia district court to give Vringo a 6.5% royalty on a base of 20.9% of Google's AdWords search ad revenue. Both Vringo and the defendants have appealed the case.

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Comments (13)
  • SoCalNative+(RIP)
    , contributor
    Comments (651) | Send Message
    I thought this being kicked up to the appeals court would be a negative for VRNG? - (Up +3.3% on news) - more "uncertainty" or something to that effect. Or, is this to be viewed as "doubling down" for GOOG which could end a lot worse than what has happened in JJ's court??? Help a brother out :-)


    Disc: Looooong
    21 Mar 2014, 12:33 PM Reply Like
  • rinsev
    , contributor
    Comments (65) | Send Message
    I think (but would welcome correction) that this means the appeals process is moving along more quickly than some might expect, and will mean cash in V's bank sooner rather than later.
    21 Mar 2014, 01:15 PM Reply Like
  • Dean1111
    , contributor
    Comments (247) | Send Message
    The bounce is because VRNG is getting closer to actually have money from the verdict. It is highly unlikely GOOG will gain anything from the courts. Smart investors are coming back in to make their money work for them.
    21 Mar 2014, 01:20 PM Reply Like
  • Daniel5150
    , contributor
    Comments (267) | Send Message
    Yes.Please get the money in the bank so those of us who are patiently waiting can finally make some $$$
    21 Mar 2014, 01:27 PM Reply Like
  • rcoffman86
    , contributor
    Comment (1) | Send Message
    Google has said from day 1 that they would appeal any ruling so this is no surprise. We are up today because we now know the timeline for this and are starting to see the end of the road. Google has no real basis for an appeal other than they do not agree with the ruling. Them appealing also opens up the door for more money in the pocket of VRNG.
    21 Mar 2014, 01:34 PM Reply Like
  • buster10000
    , contributor
    Comments (4) | Send Message
    I think this is vringo appealing the latches ruling and the miscalculation by the jurors and not goggles appeal but I could be wrong . Anyone know for sure?
    21 Mar 2014, 03:44 PM Reply Like
  • Vet67to82
    , contributor
    Comments (867) | Send Message
    This is appeal 1, covering the laches ruling and the alleged jury math error. Appeal 2 later this year covers HJJ's 6.5% willful continuing infringement ruling. Google wanted to combine the two appeals, hoping to further delay the process, but thought better about facing HJJ's itemized list of Google ongoing misconduct, and continuing willful infringement, wherein HJJ stated a plaintiff in Vringo's position could be asking for triple damages, felt the damages Vringo asked for were reasonable, and ruled for a quarterly 6.5% running royalty with audits.


    I would think Google's co-defendants, and their respective stockholders, should push GOOG and co-defendants to settle before GOOG makes things worse.


    GOOG had to know the AdWords workaround still infringed BEFORE they submitted it to the Court and wasted the Court's time and patience on a fraud. The CAFC has the right to take Google's conduct, especially misconduct, into account during any appeal on laches. An interesting Law review of "latches" can be found here:



    " in A.C. Aukerman, the Federal Circuit clarified that a delay of
    more than six years merely creates a rebuttable presumption that does not shift
    the burden of persuasion: "[A]t all times, the defendant bears the ultimate burden of persuasion of the affirmative defense of laches." Id. at 1037-38."


    If you compare the law review and Judge Jackson's scathing rebuke of Google, they are quite detailed in covering the points. Which begs the question as to why Google, and their attorneys, submitted a so called work around they had to know was a fraud upon the Court, not just Vringo, and that the Court might really get aggravated. Now, Google's conduct, as a matter of Court record, has Google beat before it even gets to CAFC.


    Google's 74 page (PDF) appeal to CAFC can be found here:



    Vringo's reply (PDF) to Google's appeal to CAFC can be found here:

    21 Mar 2014, 05:42 PM Reply Like
  • mckinley1968
    , contributor
    Comment (1) | Send Message
    Like many others I am waiting to ring the register
    22 Mar 2014, 11:58 AM Reply Like
  • wallstreet_gunslinger
    , contributor
    Comments (34) | Send Message
    Sit tight like Jesse... make out like Livermore.
    22 Mar 2014, 01:38 PM Reply Like
  • xcglider
    , contributor
    Comments (22) | Send Message
    Holding looooong....waiting for the shorts to get a wedgie.
    23 Mar 2014, 02:49 AM Reply Like
  • chipster71
    , contributor
    Comments (25) | Send Message
    The only thing that bothers me about $VRNG is I'm always in the negative on this stock until the court releases real information. The positive bounces do zero very little on this stock. Buy and hold since last September. Hell MSFT is up more % wise than this stock and much less exposure!
    23 Mar 2014, 12:57 PM Reply Like
  • George S.
    , contributor
    Comments (10) | Send Message
    Patience here, but look at upside versus downside risk and I see a very favorable setup....for Vringo!!
    24 Mar 2014, 12:04 PM Reply Like
  • Chasman007
    , contributor
    Comments (16) | Send Message
    The good news about the appeal argument date is that the timetable to a final resolution is a bit shorter than expected. I would expect a final decision on this appeal by Labor Day. which is when the judges typically get new law clerks, so they like to have their work done before the old clerks leave.
    27 Mar 2014, 10:26 AM Reply Like
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