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Message: More on trial

"If HTC has sold upwards of $50B in product since '06.. why are the Damages Experts only using $8B in their calculations?"

Excellent question. IMO, they should be liable from the time we notified them, which I believe dates back to 2006, though I'm going based on what I've read here with respect to that date. I just looked back at my spreadsheet, and note that in September of 2006, both Olympus and Kenwood separately signed licenses. At that point, my info had their combined annual revenues at $10M. TPL collected $6.95M from them in total.

I know that's before all of the re-exams and the Quantas ruling, etc., but it would seem to me that Olympus and Kenwood would be in character, similar enough to HTC to warrant a similar fee structure. Now if we charged them $7M back in 2006, it seems logical enough that HTC should be on the hook for AT LEAST 3 times that much considering the additional years of infringement, NOT TO MENTION, the hassle factor of having to push them all the way to a litigated verdict in order to collect, if of course we get that far.

That's my point/question in response to Ron's post. There seems to be plenty of precedent in getting good fees from small electronics companies like HTC, Olympus, Kenwood, etc. that any company that is predominately an electronics company, should essentially have their entire revenue stream subject to royalty percentage rates, as I am assuming all of their product lines infringe.

And since per the footnote referenced in the filing ease mentioned, the jury can take into account that a "reasonable royalty rate" can take into account the fact that the infringer has taken this all the way to a court ordered damage award, rather than them having willingly negotiated a license. IMO, that SHOULD mean that if HTC would have been expected to "reasonably" sign for $10M back in 2010, or 2009, then the jury SHOULD be able to say it's "reasonable" that they NOW pay $15M or $25M, for example, as a baseline lump sum royalty, before considering any additional willful infringement issues.

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