James,
Several points with respect to the announcement today on the verdict in the Mitsu case.
1.) A mere slap on the hand to Mitsubishi. 8.1 million to them, if that's as far as it goes, is nothing.
2.) To Ampex, the 8.1 million doesn't cover the legal fees already spent but it does, at least, recoup some of that money.
3.) We don't know what Ampex asked for in damages so it's difficult to say to what degree the jury sided with Ampex.
4.) The issue of "equitable defenses" which is yet to be decided is very major. Basically the decisions on those positions could very well determine future royalties to Ampex. Undoubtedly, Mitsubishi is claiming that the 8.1 million is enough punishment and they shouldn't be forced to pay any more than that thru future royalty payments. Note that the jury only awarded for "prior infringements". If the judge agrees with Mitsu on that point, then all Ampex will get is the 8.1 million - which might be reduced on appeal. This point is really the crucial decision of the whole process, as it will also determine if Ampex is going to go after other possible infringements with other companies such as Sony, etc. If they don't get any more than 8.1 million, which doesn't even cover legal costs, it would pointless to proceed with any future legal actions.
So, the trial really isn't over until that critical and crucial decision is rendered. I also think that the other two proceedings will be held up (by Ampex) until that issue is decided. If the decision is in Ampex's favor then they will proceed, but if not, I think they will drop those claims because of the likelihood of similar outcomes. If you can't recover your legal costs even if you win, you win the battle but you lose the war.
Lee |
