thanks for the reply and maybe I am not completely understanding the concept, but if the infringer is liable for damages as of the suit file date which pre dates going 6 years back from patent expiration and would therefore make the damages greater, why would the 6 years from patent expiration be used? Wouldn't that only come into play if the suit was filed after the patent expiration? My point being, since we filed prior to the patents expiration we can add that to the 6 years and be able to collect for the longer time period. No?