Does the judge or jury decide the infrigement money damages if the
in response to
by
posted on
Nov 25, 2007 02:10PM
No one has been able to work around these patents yet... and it ain't like 'they' have products sitting on a shelf, not yet implemented, that don't infringe. When and if this technology is developed its not like everyone out there will immediately change to it... These patents will be valuable until they run out... and then, past infringment will still need to be answered to by infringers.
After Summary Judgement, trial is for determination of damages and if willfull infringment can be applied for treble damages.. I believe to be dtermined by jury, but am not sure on that point.
If an infringer is refusing to license these patents, even if only one (tho I do know of any that infringe only one), and the patent/s survive PTO re-exam, then an injunction will be slapped on said infringer of that one patent.
jmo.. corrections welcomed