Re: Sir, TPL has the power to stop sales of your infringing products in Germany and
posted on
Feb 04, 2009 04:55PM
If you act within the next 60 days, we will let you take advantage of a current early bird special. Our current special offers you the MMP patent package of 6 U.S. licenses (which includes their world wide derivative patents) for a mere $3 million dollars
I will try, one final time, to explain why there will not be any early bird specials in Germany, or any other European member state, content in the knowledge that the professionals at Alliacense are handling licensing of the MMP Portfolio:
If an alleged infringer is sued in the German courts and loses, they will not only be liable for all costs of the case but also a percentage of their profits as damages. They will then still have to license the MMP Portfolio.
As I have previously indicated, the costs regarding the current validation will be in the region of $5,000,000 to the losing side. To suggest giving away licences at a discount to the potential legal fees alone, without any allowance for actual infringement, severely tests my incredulity at such a proposal.
While we sit and wait for the USPTO re-exams and any necessary appeals, the example above is meant to emphasize the relevance of the current German patent's benefits in shaping and motivating our current sales efforts
I humbly suggest that potential infringers have already been given a license fee valuation and the motivation now rests with them and not any sales effort, unless there is a validation premium which will be added to the prior figure if licensing is not completed within a specific time frame.
The use of unrealistic examples is pure FUD, in my very humble opinion.
Be well