Re.."$42 million in Damages" ... Great, but we're going backwards.
posted on
Feb 10, 2013 04:59PM
"we will take the 42 plus the 17, where can we pick up the check...lol"
Unfortunately, your laughter and dismissiveness of the problem makes it clear you don't understand the difficulty brought about by the differences between our 2007 letter and our subsequent November 2012 damages demand letter. Nor do you think far enough ahead to consider that this damages disparity will be observed by other infringers we notified with their preliminary damages amounts, and that this will most likely impact their attitudes towards litigation delay strategies and settlement discussions.
Just considering Amazon .. Taking things at face value, and looking at it in it's most simple form, Amazon saved $90,000,000 from just PRE 2007 infringments for draging this out 6 years. Now we should add in what could be assumed would be an equal or even greater amount of damages than that original $130,000,000 infringment, which may have occurred POST 2007 up to the present time.
The lesson .. Legal delays will most likely pay off big time, and so does taking the position that our letters claiming infringments of X dollars are greatly inflated, and will later be revised or reduced to some small fraction of the original claim once we are dragged into court and get closer to an actual trial. Other infringers will take notice and agendize accordingly.
Now do you have a better picture of things, or do I need to use crayons ? Please let me know when you stop laughing about it all.