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Kilroy was here

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  • Vringo Vs. Google: Seeing The Forest For The Trees [View article]
    Steve, JJ Gittes near the top of this comment stream raises the notion of patent exhaustion, whereby, if Google pays, its customers, absent a not for resale clause in the agreement, would not have to pay. I don't know how significant down-the-line customers will be but I would appreciate your thoughts on why patent exhaustion did not apply to Target and the like.
    Kind regards,
    Nov 12, 2012. 10:56 AM | 1 Like Like |Link to Comment
  • Why Vringo Is A Buy [View article]
    Modernist, your statement of a Vringo enterprise value of ~$100M appears to be based on Yahoo information, which is based on a share count of 33M. As flyersdh regularly reminds people, this information is incorrect; the correct number is ~110M shares. I confirmed this with Cliff Weinstein of Vringo before replying here. Thus, the company's market cap is ~$300M and you may want to adjust your estimate of enterprise value accordingly.

    Kind regards,
    Nov 2, 2012. 07:25 PM | Likes Like |Link to Comment
  • What The Laches Ruling Means For Vringo And Google [View article]
    Ed, my understanding is that a company cannot collect on its patents twice in the same supply chain. If Google ends up paying, its customers are then off the hook. So the point of suing Target and such was presumably to bring customer pressure on Google to settle. However, other companies with search engines of their own that utilize the teachings of the Lang et al patents will be liable for damages and will need to license them going forward.
    Nov 1, 2012. 11:37 AM | Likes Like |Link to Comment
  • Vringo Vs. Google: Take A Deep Breath, The Roller Coaster Continues [View instapost]
    Steve, on what basis do you figure past royalties of $500M? Also, if you could clarify whether VRNG have claimed willful infringement, I would appreciate it.

    As an aside, until Steve or another attorney weighs in, for those who are thinking laches applies only to the portion of damages that are awarded as a result of willfulness, this is incorrect. Based on this ruling, the clock on damages that VRNG can collect starts with the date of filing this case. Thus, the damages payout is reduced substantially with this ruling. However, if a jury finding of validity and infringement follows they will award damages in some measure from this date and GOOG will be on the hook to license the patents for use through their expiration.
    Oct 31, 2012. 05:16 PM | Likes Like |Link to Comment
  • Vringo Vs. Google: The Calm Before The Storm [View article]
    Steve, as an attorney, what is your opinion of the merits of Google's prosecution laches defense?
    Oct 16, 2012. 10:49 AM | 1 Like Like |Link to Comment