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• BS&F will use the grounds they always use.. - Authored by: PJ on Sunday, June 03 2012 @ 11:16 AM EDT

Don't forget that this is only a part of the case. I'd think it more likely that Oracle could win a reversal on some of the patent claim construction issues, or on the instructions to jury.

And, still, my point stands: It doesn't need to be likely for Oracle to win on appeal for appealing to make sense. It only needs to be that the payoff is big enough and winning is likely enough.

For example, suppose the costs of appeal were $100,000. Moreover, let the probability of a reversal that leads to Oracle winning, say, $200M be 2%. Now, the expected return of appealing is $200M * 2% - $100,000 = $3.9M, so it makes sense for Oracle to appeal.

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• I don't think Oracle would be foolish to appeal - on the contrary! - Authored by: PJ on Sunday, June 03 2012 @ 10:30 AM EDT
  • I don't think Oracle would be foolish to appeal - on the contrary! - Authored by: SLi on Sunday, June 03 2012 @ 02:35 PM EDT
    • I don't think Oracle would be foolish to appeal - on the contrary! - Authored by: SLi on Sunday, June 03 2012 @ 02:50 PM EDT
• I don't think Oracle would be foolish to appeal - on the contrary! - Authored by: Anonymous on Tuesday, June 05 2012 @ 02:34 AM EDT