"The dillema is if you want to maximize your six year look back period, you need to file a complaint against all infringers by the last day of patent term"

hmmm. that doesn't quite jive with info that was presented at the just-completed ndoc trial. It would seem date of notice, not date of complaint filing, controls the infringing products that will be included in damages calcs. Therefore it would seem that any infringer notified prior to expiration date would be liable for infringement on any products using the infringed tech from that date up until the expiration date of the patent, regardless of when any complaint is filed, provided the infringing products are identified in the notification.

Comments?