Re: PACER UPDATE: ORDER denying 559 Sealed Motion to

New Post Public Reply Private Reply Replies (0) Message Board
wild4ctix

Re: PACER UPDATE: ORDER denying 559 Sealed Motion to Dismiss Invalidity Counterclaims. Signed by Judge Leonard Davis on 10/29/12

Good Post GG. The notion that APPL is not ready to argue anything in this case is beyond naïve knowing who they are represented by. Let’s break this down as to what we know for sure and what we might expect:

1-The Pre-Trial settlement crowd has not made the right bet. As has been opined many times and has become the case, APPL had no real incentive to settle nor did VHC for many very good reasons. Meaning, KL is looking for a very damaging royalty number to APPL and they are never going to just hand over 1%+ to anyone like VHC. In their history, they have been successful in negotiating much lower rates for VERY essential patents, just ask Bill Merritt @ IDCC. Again realize that if AAPL had to pay 1% to the many essential patent holders they would be out of business. While that fact in and of itself does not preclude VHC from deserving 1%+, it does tell us that AAPL will never give up that kind of number without a MAJOR fight. Their GM on Products is their vulnerable spot and we can plan on them protecting it with all they have. VHC and other NPE’s could murder their GM’s.

2-The pre trial Buyout crowd lost their bet as well. This was WAY more far flung for many reasons. However beyond the highly doubtful deployment of defensive capitol, APPL already has spent 2.5 Bil on Rockstar bid and has turned that into a spinoff with nothing directly to do with it. They are much more interested in design patents as they are a CE company than essential wireless radio or infrastructure patents. Further, if they were going to spend billions on non design patents, there are better assets than VHC available right now. RIMM, NOK & EK to name a few.

3-The trial begins, now the question is forward looking, will APPL take this to the jury? Again, I do not see any reason they would not put on their full case. If they can convince ONE juror they have a stronger argument than 51%, they can not lose vs winning. The notion that their legal team is making errors is just plain silly. They have a hand they are dealt and they will win and lose on issues and so will MS. JMO, I do not see any reason they would settle this before taking it to the jury. Further and counter intuitive would be the VHC position. I am not sure they also will have any incentive without AAPL caving to settle. Like MSFT, AAPL takes this to the jury IMO.

4-Buyout as the trail moves forward and after. Well it has always been my belief that this legal process is not about verdicts or law but leverage. Both sides are trying to gain leverage through their standing in the trial to get the other to give more or take less. Since there is no amount of money that can hurt APPL, they will go the distance IMO unless and until KL is willing to accept less. Hence the stalemate we are in.

So to summarize, IMO, it was predictable that pre-trial APPL nor KL would settle and here we are at trial. I think this does go to the jury. For all the posts about 90% surety and the slants about VHC having all the cards, well that is dangerous thinking. APPL is very capable of creating doubt and to underestimate them is a BIG mistake IMO. While I continue to agree with the board that VHC has created a good position to argue from and will most likely create a very positive bias, the jury is who they are, unpredictable. It seems the best thing VHC has in this case is the judge, he clearly knows these patents and VHC and there is no doubt, although he will be impartial, that he may already know where this case is heading. gl to all longs
GO VHC !

Virnetx Holding Corp (VHC) Stock Research Links

VHC Board Company Profile Buy Rating Time & Sales News Filings Financials
Scroll down for more posts ▼

Top 10 Most Recent News Articles

Steel Dynamics Expands Stock Buyback, Issues Dividend

Updated Category News Views 72

If there's one thing Steel Dynamics isn't shy about, it's making a play for its shareholders—a move that's got everyone buzzing right now. They just rolled out a brand-new $3 billion share repurchase program, which is like catching a whiff of bacon frying from the corner booth. A Look at the Buyback Bonanza Steel Dynamics isn't new to the buyback game; they've been...

Continue Reading
Tigermed's Strategic Shift: Privatization and Divestment

Updated Category News Views 69

Hang onto your hats, folks, because Tigermed is shaking things up in a big way. The Chinese juggernaut you might know as Hangzhou Tigermed Consulting Co., Ltd. is throwing its hat in the ring for the privatization of Frontage Holdings. But that's not the end of the story—there's a whole restructuring circus coming to town, and they've got big plans to offload some...

Continue Reading
Navigating Homeowners Insurance Claims: Key Considerations

Updated Category News Views 65

Deciphering the Homeowners Insurance Jigsaw The modern homeowner doesn't just contend with maintenance and mortgage payments, but also with the labyrinth of insurance policies that promise to shield their homes against calamity. But when the chips are down, is filing an insurance claim always the right call? Sara Turgeon, the insurance maven from Pickens, SC, sheds light...

Continue Reading
Pomifera's Holiday Skincare Sets: A Gift of Glow

Updated Category News Views 38

Unwrapping Pomifera's Holiday Magic When it comes to holiday gifts, nothing says 'I care' like a touch of skincare magic, and Pomifera's got your back. The brand, known for its signature Pomifera Oil, is turning the art of gifting into an indulgence with three curated collections. These ain't your run-of-the-mill lotions and potions. We're talking about products that...

Continue Reading
Stellus Capital Delivers Solid Q3 Amid Turbulent Times

Updated Category News Views 67

Unpacking Stellus Capital's Latest Quarter Boy, Stellus Capital sure knows how to keep us on our toes. In a landscape where many are still reeling from the latest market tremors, they post some solid Q3 numbers for September 30, 2026. Not without its hiccups, but hey, who isn’t stumbling a bit right now? Financial Snapshot: Stability Amidst Uncertainty Stellus reported...

Continue Reading
Ceipal Ora: AI Revolution for Staffing Firms Begins

Updated Category News Views 38

Staffing Game Changer: Enter Ceipal Ora Folks in the staffing arena, hold onto your hats—Ceipal's rolling out something that could turn the tables. This new AI hotshot, Ceipal Ora, claims to be not just another AI patch on an old coat but the whole new garment itself. It's not just some afterthought glued to a platform; it's the glue holding the operations together,...

Continue Reading
Mattamy Homes' Winning Streak: Top Workplace Once Again

Updated Category News Views 52

Mattamy Homes Strikes Gold Again in Tucson Amidst the desert landscapes of Tucson, Mattamy Homes has etched its name in the sands of workplace excellence yet again. This 2026 accolade marks the second consecutive year the company clinched the Tucson Top Workplaces title, conferred by Energage. For those keeping score, that's not just a streak—it's a testament to a work...

Continue Reading
Marketing Maven Hosts Claude Workshop for Small Biz

Updated Category News Views 15

Diving into Claude for Business Out in Ventura County, California, there's a buzz about a fresh, no-cost workshop on deck. Marketing Maven's Lindsey Carnett and Design Main Street's Will Hsiao are teaming up to crack open the potential of Claude for small businesses. And let me tell you, this ain't your typical Monday seminar—it's setting up to provide the golden...

Continue Reading
Freedom Motors USA Appoints Joost de Vries as CEO

Updated Category News Views 36

Shifts in the Auto World Forget the fact that the family car comes with a couple of new cupholders—over at Freedom Motors USA, they're shaking things up with a CEO change. Nothing says "we mean business" quite like bringing in Joost de Vries to lead the charge into a new era. With this move, Freedom Motors is clearly aiming for bold growth in the sphere of accessible...

Continue Reading
Wijmo's Accessibility Update: A Step Forward in Inclusion

Updated Category News Views 24

A Giant Leap for Web Accessibility Web accessibility is no longer just a box-checking exercise; it's a movement towards leveling the playing field for all users. Now, with Wijmo hitting WCAG 2.2 Level AA compliance, we've got something worth noticing—a pivotal moment for inclusive design in tech. This ain't just your typical software update; it's a game-changer, making...

Continue Reading

Top 5 Most Recently Viewed Articles

Core Molding Technologies Highlights Achievements in Sustainability Reporting

Updated Category News Views 172

Core Molding Technologies Releases Third Annual Sustainability Report Core Molding Technologies, Inc. (NYSE American: CMT), a leader in engineered materials known for its molded structural products, has unveiled its third annual Sustainability Report. This illuminating document emphasizes the company's steadfast dedication to responsible business practices, community...

Continue Reading
ROCKWOOL A/S Updates on Share Buy-Back Activities

Updated Category News Views 188

ROCKWOOL A/S Share Buy-Back Programme Update ROCKWOOL A/S has recently implemented a significant share buy-back programme aimed at enhancing shareholder value. This initiative commenced on February 7, 2025, and is scheduled to continue until February 5, 2026. The company has allocated a total of up to €150 million for this purpose. Understanding the Buy-Back Strategy...

Continue Reading
How a $100 Investment in Cheniere Energy Multiplied Over Time

Updated Category News Views 93

Cheniere Energy's Impressive Growth Over Five Years Cheniere Energy (NYSE: LNG) has showcased remarkable performance over the past five years. It has outstripped market growth by 11.5% on an annualized basis, yielding an impressive average annual return of 24.31%. With a current market capitalization of $41.76 billion, Cheniere stands as a beacon of potential for...

Continue Reading
Exploring Akari Therapeutics' Insights at Virtual Investor Events

Updated Category News Views 175

Akari Therapeutics Engages at Virtual Investor Conference In a noteworthy event, Akari Therapeutics, Plc (Nasdaq: AKTX), an innovative biotechnology company specializing in oncology, recently took part in the Virtual Investor "What’s Your Story" Summer Spotlight On-Demand Conference. This platform allowed the company to showcase its cutting-edge developments in...

Continue Reading
Ooredoo Group Enhances Analytics with Polystar's Solutions

Updated Category News Views 104

Ooredoo Group Collaborates with Polystar for Enhanced Analytics Ooredoo Group is embarking on an innovative journey to boost its mobile and fixed broadband analytics capabilities by signing a framework agreement with Polystar, a part of Elisa Industriq. This partnership lays the groundwork for advanced insights and operational efficiency driven by DataOps and artificial...

Continue Reading