Seeking Alpha

Volatile Vringo (VRNG +9.7%) is jumping as its trial with Google continues. Yesterday, jurors...

Volatile Vringo (VRNG +9.7%) is jumping as its trial with Google continues. Yesterday, jurors were asked to discard (at Vringo's request) cross-examination testimony from a Vringo witness regarding a patent licensing deal between Disney and Google. In a "mid-trial report" offered yesterday evening, SA's Steve Kim argued Vringo has established a prima facie case for infringement, following the testimony of a liability expert, while cautioning Google is set to bring out its own experts.
Comments (11)
  • haroldfounder
    , contributor
    Comments (67) | Send Message
     
    The judge's ruling was in favor of Vringo -- not Google, per Steve Kim.
    Said Kim, "Vringo then made a motion to strike this cross-examination, because it appears that Google will not be able to show that the Disney agreement is comparable to the Lang patents, thus placing the Disney agreement in the same category as the other Google agreements that were excluded pursuant to Jackson's pretrial MIL orders. Jackson agreed, and instructed the jury that the evidence Google had presented on the Disney agreement during its cross examination of Becker is 'stricken,' and that 'it is not proper testimony that you may consider in deliberations and trying to determine what the appropriate royalty should be in this case.'"

     

    "In my view, not only does this further restrict Google's efforts to present an alternative damage calculation, but it also enhances Vringo's and its experts' credibility, while it reduces Google's credibility with the jury."
    25 Oct 2012, 02:01 PM Reply Like
  • SA Editor Eric Jhonsa
    , contributor
    Comments (753) | Send Message
     
    You're right - the linked article didn't make it clear that it was at Vringo's request. Updated the post.
    25 Oct 2012, 02:08 PM Reply Like
  • haroldfounder
    , contributor
    Comments (67) | Send Message
     
    Thanks Eric. Will you be resending the alert?
    25 Oct 2012, 02:31 PM Reply Like
  • Grillo Capital Management
    , contributor
    Comments (9) | Send Message
     
    THAT ARTICLE and TITLE are misleading... " I want to emphasize that my instruction to you on this matter is in no way a reflection that Dr. Becker did anything improper. During his direct examination, Dr. Becker testified that he was not relying on the Disney-Google agreement because there is no evidence that the Disney technology is relevant to any issue in this case.."
    25 Oct 2012, 04:17 PM Reply Like
  • Rdwyer3577
    , contributor
    Comments (10) | Send Message
     
    "Vringo witness regarding a patent licensing deal between Disney and Google." This was fantastic news for Vringo, this testimony was brought out on cross examination of the Vringo Expert becasue Google wanted the jury to know that they paid a significantly lower amount of money for the Disney Google licenisng deal than Vringo has calculated their licensing deal to be if Google had paid them instead of just stealing Vringo's patent. Well, on cross the Vringo expert started to testify and once he did there was an objection by Vringo. And the objection noted that the Disney Google deal was irrelivent and the type of technology in the deal was nothing like Vringo's patent and the Judge slammed Google and their lawyers on this issue. So at first it looked like the Judge striking the testimony from a Vringo expert was bad, in REALITY, it was damn good for Vringo.
    25 Oct 2012, 04:52 PM Reply Like
  • SteveKimLaw
    , contributor
    Comments (461) | Send Message
     
    AND this all played out in front of the jury. Better yet (for Vringo), it sounds like the Judge will give the jury a further instruction later that the testimony was not stricken due to any fault on the witness' part, but because the questions were improper.
    26 Oct 2012, 10:58 PM Reply Like
  • SecretlySavage
    , contributor
    Comments (29) | Send Message
     
    The testimony that was strickend from the record actually benefits VRNG. It's amazing to me that nobody has really pointed that out other than Steve KIm. The main point was that any licensing/royalty agreement that Google may have with Disney has NO BEARING on the current case nor the patent infringement allegations currently before the court.
    25 Oct 2012, 04:52 PM Reply Like
  • ThomasLS
    , contributor
    Comments (7) | Send Message
     
    This same issue arose on streetinsider. For more comments detailing the misleading nature of implying this was unfortunate for Vringo, see http://bit.ly/VrFtPC.
    25 Oct 2012, 04:54 PM Reply Like
  • QuantRec
    , contributor
    Comments (438) | Send Message
     
    vrng is doing just fine. lot's of upside not baked in.

     

    more trials and settlements coming.

     

    vrng has the best IP litigation team out there in all of the USA.
    25 Oct 2012, 05:56 PM Reply Like
  • The Last Boomer
    , contributor
    Comments (881) | Send Message
     
    I root for Vringo not only because I am long VRNG but also because it is time for somebody to punch Google in the mouth. "Do no evil" is a sick joke when it comes from Google.
    26 Oct 2012, 07:16 AM Reply Like
  • Augustus9
    , contributor
    Comments (374) | Send Message
     
    Long VRNG and confident.
    29 Oct 2012, 10:06 AM Reply Like
DJIA (DIA) S&P 500 (SPY)
ETF Tools
Find the right ETFs for your portfolio:
Seeking Alpha's new ETF Hub
ETF Investment Guide:
Table of Contents | One Page Summary
Read about different ETF Asset Classes:
ETF Selector

Next headline on your portfolio:

|