Quarterhill Inc T.QTRH

Did judges wimp out?

[moneyguy87]

Been meaning to ask this for a few days.

I thought that the issue of infringement had already been determined - a few times.  There had already been jury decisions of what Apple owed........and that was what Apple was fighting........and what the judges were to determine.

Why didn't the judges do that -  state the amount?

It seems they wimped out.........intimidated by Apple??? 

Even if they didn't agree with how QTRH was suggesting the settlement should be determined.......make a determination.  Wasn't that their job???

Thanks
M87

[mrmoribund]

There was a determination of infringement but only at the lower court. This is one of the things that Apple was appealing. Did the judges wimp out with regard to amount owed? I don't think so. It was clear in the hearing last October that they didn't like the idea of it going back to a 3rd damages trial. They wanted to confirm an amount. But, in fairness, they did the right thing because

[Lazaros]

And it didn't help that Skippen's own testimony was used against WiLan re: wheat and chaff. WiLan also couldn't explain how they determined the 1% they were asking for. The judge asked why not 2% or 0.5%? Again, no reasonable answer. I can't fault the court on this one.

[redcoats]

It's a tough one. Is it worth 0.5%, 1%, 2%, 5%, that the device won't do what customers purchased it to do, without using the infringed technology?

[mrmoribund]

Valid question and it's common sense that it should be worth something meaningful as a fraction of the price of the device. But courts love things that connect together in concrete ways. I've wondered how it might play out if Wilan just came to a jury and said something like, oh: "The phone doesn't work anywhere near as well (and give them a demo) without our IP and 1% of the

[onlygame]

Totally agree moneyguy87 How many times does a jury rule, only to be thrown away. and to do it all over again and again. Now hopefully, third times a charm. But APPL  can appeal yet again? A bit of a joke if it wasn't so disgusting.

[mrmoribund]

I agree it's a bit disgusting and clearly the CAFC wasn't enthusiastic about sending it back to another damages trial. But, actually, it was Wilan's fault. The jury is, in a sense, sacred but their findings are deemed worthless if their conclusions can be shown to have been reliant on "evidence" or arguments that didn't have a sound basis. Wilan's experts presented

[Cdnmate23]

I've seen a number of comments about the re-trial being '2 years away'.  Where is that coming from, precedence?  Its hard analyze where this is all going to go; how can Wi-lan be sold with this significant unknown value associated with it?  I do not see the logic from any side of this suit wanting further extension of drama by 2 years.  I would think some kind of