Biajj2too / Re: ACER is dismissed" .. LL .. HTC doesn't need a "preview"
posted on
Sep 18, 2013 01:18PM
You may be right that HTC knows what to expect, but with the different Markman ruling constructs, I'm assuming there are some nuances that will change some of the ITC arguments. That being said, ACER was to be a jury trial under the same Markman Ruling, so better not to give them a practice run, regardless of how much they've got already.
With the ACER settlement amount, they still made a lot of money back in the 2005-2008 time frame. I guess it depends on when the products were produced, and whether the date we notified them of infringement impacts their liability or not. Ultimately, I suspect ACER got out for a song, just as Barco and Sierra Wireless before them. No reason to believe otherwise, though I would hope that PTSC & TPL will PR if the situation is materially different than those two prior settlements.
As for Amazon, there is no official revenue data that I can find on the infringin Kindle. I've seen news articles that put the recent annual revenues at around $4B, and that up from previous $2.5B or so, so all told, it would seem there might be a total of $8B in Kindle revenue subject to claims? If so, I'm not sure how we got to the claim of $42M plus $17M in interest, as that would be more of a 0.525% multiplier (based on just the $42M), rather than the highest one I saw which was 0.234%. In any case, like you say, why settle so close to possible game changing developments that could provide a previously unavailable hammer? I don't know other than to use the addage "History is Prologue".
I hope our side sees this as the opportunity to write a NEW HISTORY, lol. Maybe Cliff, CJ and Gloria should take the photos of all of PTSC's shareholders, and put those on their desks and treat us on an equal footing with those of their spouses, kids and grand kids, whom they've consistently favored over us in their business decisions.