Extract to table

With only the '890 Patent potentially remaining in the case — and weakly — the damages analysis must be fundamentally reconsidered

With three patents eliminated, the model cannot simply be scaled down — it must be rebuilt from the ground up, an exercise that would require additional expert fees and would yield a dramatically reduced damages figure

8 million must be materially revised downward

Impact on OWS Enterprise Value and Exit Considerations For purposes of Vantage Point's investment thesis and exit planning, the Markman Order's impact must be assessed in the context of OWS's overall enterprise value

Realistic settlement outcomes, in C&H's assessment, range from: (a) A mutual cross-license agreement with nominal or de minimis royalty payments, providing both parties with freedom to operate under each other's patent portfolios going forward; (b) A mutual walk-away with full mutual releases and covenant not to sue, with no monetary payment in either direction; or (c) In a less favorable scenario, a settlement in which OWS agrees to dismiss the case with prejudice and pays a portion of Lumos's attorneys' fees in exchange for mutual releases (though C&H would resist this outcome)

This is a sunk cost that must be accounted for in OWS's financial reporting