Voip-Pal.com, Inc. Addresses Plans to Increase Damage Demands in its Lawsuits vs Apple
Voip-Pal is preparing updated damages projections
December 5, 2017 -- Voip-Pal.com Inc. (“Voip-Pal”, “Company”) (OTCQB: VPLM) is pleased to provide shareholders an update of the Company’s progress following their recent patent validation from the Patent Trial and Appeal Board (PTAB).
1.) Currently, the Company is completely free of debt, having paid off all financial obligations in full, including the extensive legal bills incurred for the defense of eight Inter Partes Review (IPR) challenges.
2.) Voip-Pal has a court date of January 26, 2018, in Federal District Court in Nevada where the Company’s legal counsel will ask the court to lift the stay of legal proceedings which was agreed to by the parties pending the outcome of the IPR’s.
3.) Voip-Pal is currently preparing an updated damages model, based upon the actual damages awarded in recent patent infringement cases in Federal District Courts and the Federal Circuit court of Appeals. While there are many models for calculating damages, the most current cases have awarded damages to the patent owner based upon an apportioned percentage of the patent infringer’s net operating profits derived from the infringement of the patent including revenue from the sale of devices and services. The apportioned percentage is based upon a calculation of the relative importance of the patent in the functionality of the device and the portion of the sales of the device that can be tied to the features facilitated by the patent. Some of the recent cases being considered in the damage model being used by VoIP-Pal are:
4.) Apple has sold 1.16 Billion iPhones since 2010 when the infringement began. The iPhones have contributed significantly to Apple’s several hundred billions of dollars in profits over that period.
Emil Malak CEO of Voip-Pal stated, “We believe that our patents are utilized in each iPhone voice call and iMessage routed through legacy telephony or the internet. Our preference is to settle all litigation amicably through a negotiated outcome. However, we recognize the potential for further legal action, so we are finalizing our updated infringement and damage projections in the event a court battle is unavoidable.”