Re: What about willfulness damages from 2011 until they purchase a license
posted on
Nov 11, 2013 02:47PM
"If I am an infringer and have a product produced for 10 years now and PDS writes me that I am infringing I have to pay for the 10 years plus the fee till the expiration date in 2015."
Incorrect. Damages accrue from the date of notice.
"If I am an infringer I could get informed till 2021 that I am infringing and I also have to pay the 12 years I would guess. In this case we would have plenty of time, because we just have to notify every infringer till 14 September 2021, and they have to pay for the period of time the produced product was infringing our patents."
Incorrect. Look back is only six years from the date of filing a complaint. If a complaint is not filed until after expiration, look back is decreased by each day after expiration that the complaint is delayed.