Good article providing insight into the evaluation/decisions potential infringers must undertake when receiving one of our notification of infringement letters:

http://www.tms.org/pubs/journals/JOM/matters/matters-9205.html

Couple points of interest:

“Another aspect of the evaluation includes what the potential exposure will be for prior infringement. The patent owner may demand compensation for past activities, even if one is willing to terminate use of the technology or to modify the same so as to avoid future infringement. With respect to past activities, if the technology is susceptible to marking with the appropriate patent notice identifying the patent number and the patent owner has so marked the product, apparatus, composition of matter, or design, the patent owner may collect damages from the date the marking was initiated. If not, the earliest date from which damages may be collected is the date the alleged infringer received actual notice of the claim of infringement.”

So, based on this statement, it would appear that the earliest we can go back and collect damages would be the date the accused infringer was provided notice, which is what most have stated on this board.

“It is also important to note that, with greater frequency, courts are holding corporate executives personally liable for patent infringement if they had active involvement in the decision to engage in an infringing activity.”

I like this for the simple reason, that should we win in Texas, and/or our patents are reaffirmed in the reexamination process by the USPTO, they will line up for a license simply to cover their own assets let alone the company.

GLTAL