DISCHINO you said ' We can still file after 2016 for instance, for past theft.'
I dont think so , read following paragraphs.
Normal patentees would be on the whole unlikely to bring expensive patent infringement lawsuits on the basis of patents which are just about to expire. That’s mainly because the litigation can be expected to last until well after the expiry date. After patent expiry, the patentee can no longer get any injunction to stop further infringing trade, because that has by then become free to the public.”
“After expiry, the only real issue left is usually compensation for infringements that took place before expiry. The expected back royalties or damages have to be very large before it can normally make business sense to sue over the historical usage.”
Despite the criticism of Brulotte and its conventional interpretation, the circuit courts will refuse to enforce royalty provisions that require continued payment of unreduced royalties on patents after expiration. What remains unsettled, however, is whether courts will uphold a royalty provision that calls for a reduced royalty after patent expiration. Because Aronson upheld a reduced royalty where no patent actually issued, it does not guarantee enforceability of a reduced royalty after patent expiration.
