Companies may want to act sooner than later ... as now damages are based on last falls issuance date!!!

What is a Competitor to Do? A competitor needs to weigh the risks before acting. If a patent reexamination and reissue proceeding newly creates an infringement situation for a competitor, then a finding of infringement on a substantially revised claim can only be found from the date of the reissued patent. Of course, if infringement is based on a claim that is substantially the same as it was in the originally issued patent, then infringement can be found from the date of issuance of the original patent. The law also permits a court to protect an innocent competitor's existing inventory manufactured before the reissue date. But a reasonable royalty might be required for the patent holder