I just have a hard time with the idea that a settlement or damages administered by the court could capture future, contemplative infringement. And Yes, the last patent expires in 2015, but as I understand it, there is a 6 year "look back", thus taking us to 2021.

While I can grasp an out-of-court settlement between the parties that captures all past and future infringement (via license), it just seems weird to think that the court could, in essence, DIRECT the infringers to acquire a license for future infringement. The claims all have to do with past infringement, as THAT is all that can be proven.

But Ron has suggested that this could be done, and gave an example. I'll counter with the example of an auto accident where someone is injured. They end up in court, damages are assigned. Could the court assign additional damages because the same parties could again get into an accident with the same person being injured at some time in the future? I KNOW, different circumstances.

So I accept Ron's input, and chalk up my thoughts as still another indication that I KNOW nuttin'!

SGE