Who will sign from the Dirty No Good Gang of Nine

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lambertslunatics

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Who will sign from the Dirty No Good Gang of Nine

posted on Oct 07, 2013 01:54PM

As investors, we should really start to think of who are the whales, and who are the minnows.

Of the original 13 Companies against whom we took action at the ITC and countersued at the NDoC, we have the following status:

Licensed Companies:

Acer Inc - +/-$122B from 2006-2012
Amazon.com Inc.- +/- $4.5B in Kindle Sales in 2012
Kyocera Corporation - +/-$84B from 2006-2012
Sierra Wireless - +/- $2.8B from 2006-2012

Partially Licensed Companies:

HTC Corporation - +/-50B from 2006-2012 - Won at ITC, but got busted in NDoC, will pay min. $950K in damages for $8B of the $50B in revenues, but still unlicensed for infringing from 2011 to 2013 or so

Unlicensed Companies:

Barnes & Noble Inc. - $1.5B in Nook Sales in 2012 but has ceased selling Nook
Garmin Ltd. - $+/-$2.8B annual revenues
HTC Corporation - +/-$30B from 2010-2012
Huawei Technologies Co. Ltd. - $912B revenues from 2008-2012
LG Electronics - +/- $390B from 2006-2012
Nintendo Co. Ltd. - +/- $100B from 2006-2012
Novatel Wireless Inc.- +/- $2.3B from 2006-2012
Samsung Electronics Co. Ltd. - $1,069B from 2006-2012
ZTE Corporation. - +/-$65B from 2006-2012

It seems pretty clear that we've concentrated on signing the MINNOWS in order to fund the operations against the WHALES! HTC, INfamous for their rabidness in fighting patent infringment claims against them, provided a good proxy in order to gain a LEGITIMACY for the MMP in a court o law. However, it's CLEAR from the list above, that they are a MINNOW as compared to the WHALES that are still in the cross hairs.

Also, the above doesn't take into account the IBM's, ARM's, Seimens, Hitachi's etc., ie, the OTHER WHALES of the infringing world.

It will be interesting to see who caves and signs, and who battles on now that we have a litigated verdict, and a court ordered award.

If you put the HTC award in context, you can very broadly say that for each $8B in revenue a company makes, they would be on the hook for $950K in license. Extrapolate that to Samsung's $1.07T in revenue, and you would get a $127M license.