Verdict Against KOPIN and Its Economic Impact

Greater than $25M

Recently, at Trial, KOPIN received a verdict against BlueRadios. The verdict covered different aspects and consequences on the wearable portfolio that KOPIN advertises to customers and  its shareholders., as(KOPIN: Microdisplays, Wearables…, including a Enterprise Wearables, site describing many of the elements that the following verdict form now will have to be shared with BlueRadio.

Jury Trial Veridict Form - 039111244608

I provided testimony on this matter and despite being “Daubert” challenged in Denver an having testified infant of the judge that later allowed me to tell BlueRadios story to those jurors.  

ORDER ON DAUBERT MOTIONS (ECF NOS. 501, 503, 511, 515, 519, 525, 534) Consistent with the rulings expressed in this Order: Kopin's Motion to Exclude the Opinions and Testimony of Dr. Edwin A. Hernandez (ECF No.519 ) is DENIED. BlueRadios' Motion in Limine to Limit Testimony of Dr. Joshua Phinney (ECF No.503 ) is GRANTED IN PART as specified above and otherwise DENIED. Kopin's Motion in Limine to Limit the Testimony of Mark Pedigo (ECF No.534 ) is DENIED. BlueRadios' Daubert Objection to Expert Testimony of W. Todd Schoettelkotte (ECF No.501 ) is GRANTED IN PART as specified above and otherwise DENIED. Kopin's Daubert Motion to Exclude the Testimony of Randall R. Rader (ECF No.525 ) is GRANTED IN PART as specified above and otherwise DENIED. Kopin's Motion in Limine to Limit the Testimony of Mark Pedigo (ECF No.515 ) is STRICKEN. Kopin's Daubert Motion to Exclude the Testimony of Randall R. Rader (ECF No.511 ) is STRICKEN. Entered by Judge John L. Kane on 12/27/2023.(norlin, 

For the last three weeks, and coincidently with trial, KOPIN’s shares decreased in price from $2.50 to $0.85, in fact, right when the jury announced this verdict form, KOPIN lost 25 to 35% of its value, observe how the last two bars, depict a loss from over $1,25 to $0.85.

Therefore, KOPIN’s loss can be summarized as:

  • $25M including exemplary payment 
  • $1.50 loss will turn $100M in corporate valuation
  • Law360 described KOPIN as “Jury Suggests $25M Damages For Co.’s Malicious IP Misuse”  which translates into brand issues, as simply, the term “Malicious IP Misuse” has clearly a negative connotation to any brand.
  • plus, Legal fees paid to “Morgan Lewis,” which I assume over $10M (easy)

An estimate loss of $135M for a company of that size simply means large losses to all shareholders, customers, and partners. 

 

Therefore, KOPIN’s behavior is found in many corporations including Stingray Digital in my own case on trade secret misappropriation and patent infringement.   Corporations should consider:

  • Proper licensing agreements 
  • Clear and transparent practices with partners 
  • Duty of care on source code and software that contained trade secrets.

 

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