RE:Apple/Wilan - the appeal issues Are you suggesting that Apple could still possibly avoid having to pay damages?
cabbieJBJ wrote: I think that Wilan is in good shape on both the appeal and cross appeal ther being both upside (more likely) and downside risk possible, but remote).
While Apple has challenged the damages calculation, it is unlikely that it will prevail imo. Judge Sabraw was very careful and Wilan followed the yellow brick road on the damages retrial. I see Apple's challenge of Judge Sabraw's claim construction as Apple's best hope, albeit not likely to succeed. Apple has already challenged Judge Sabraw's claim construction and he reaffirmed it. However, if Apple is successful here, it would mean a new trial on all issues.
Wilan has put forward a strong argument that the original damages award is justified. If successful, the damages, plus interest, would rise to ~$186M. As insurance, Wilan has argued, persuasively imo, that iPhones with Intel chipsets should, a minimum be the subject ot a separate action of contract interpretation. It would be a home run if the appeal court reverses Judge Sabraw's ruling, but more probable that it is set aside for a separate trial.
I could live with confirmation of the $85M plus interest and a separate trial on interpretation of the Intel contract. I would be very happy if the original damages amount was reinstated and the Intel contract went to a separate trial. A ruling on the per unit damages would trigger the damages amount on iPhones sold after version 7; this is a significant amount. I would be over the moon if Wilan got both the original damages and inclusion of iPhones with Intel chipsets. I would cry if the CAFC throws out the claim construction, thereby requiring a new trial on both infringement and damages.