Chief Judge Moore must be pissed. No deal with Apple was signed. A formal mandate was issued closing the CAFC appeal was signed and issued yesterday to the district court.
Now the clock begins on Supreme Court appeal. Apple or WiLan have 90 days from the issuance of this formal mandate to Appeal to the Supreme Court. With appeals and cross appeal motions, that could take 12 months to conclude.
Then a new trial could be started in Caifornia District Court that would take 12 months to conclude.
Then another 12 months to complete the CAFC appeal on the THIRD damages trial.
Only 3 more years to go.
How do you value the Apple win now? With a 50/50 probability of Apple winning the jury trial vs. WiLan.
50% chance WiLan wins: 80 million net or McKool Smith fees and taxes. Discounted by 15% per year in 3 years. = $50M present value
50% chance Apple wins: 7 million net of McKool Smith fees and taxes. offset by Samsung refund. Worth 0.
Weighted average probability = $25 million. Or worth 21 cents / share.