Welcome pedro.
Hi, kitz and all.
I find it completely unbelievable that BT group have a weekly revenue of only £2.5m on FTTC products.
It is difficult to believe. BT boasted in its latest (Q2) results that it now has 3.4 million FTTC subscriber lines. [1] Implying revenues of just 73½p a week per FTTC subscriber! Though that was ASSIA's estimate, and not BT's. (see para.5 of [2] )
So maybe it was a ruse; a red herring from ASSIA's counsel. Leave the judge questioning the 10% royalties that ASSIA claims it is due, while the gross under-estimate of BT's overall revenues from FTTC passed completely unchallenged. At a later date, ASSIA can then point to accurate, audited FTTC revenues for BT and demand much larger damages.
Even more concerning perhaps (for BT) is the Court of Appeal ruling that its DLM system also infringes that earlier '495 patent from 2004. Relating perhaps to the DLM system used in 20CN and 21CN; i.e. the DLM system/s in BT's ADSL offerings. If that allegation is proved correct, then it could perhaps result in a much larger damages award to ASSIA, since it would cover an infringing period of nearly a decade; involving many more DSL lines, and thus far greater revenues for BT.
From briefly reading those judgments, it was strange to find BT arguing that ASSIA had failed to reverse-engineer its DLM System, and it therefore couldn't
prove that it has used an offending
Profile State Transition Matrix in its implementation. (see para.28 in [3] )
Why didn't the Court just order BT to open up its DLM System source code for independent auditing? To confirm, one way or the other, whether it has used a PSTM? Isn't that what normally happens? Independent code auditing?
That said, the trial judge (Mr Justice Birss) was refreshingly adept at understanding all the relevant concepts of DSL, DSM, DLM and so on. It doesn't seem that long ago when someone had to quietly explain to a judge what the internet is!
[1]
http://www.btplc.com/Sharesandperformance/Quarterlyresults/Quarterlyresults.htm[2]
http://www.bailii.org/ew/cases/EWCA/Civ/2014/1513.html[3]
http://www.bailii.org/ew/cases/EWCA/Civ/2014/1462.html