Amazon ...
posted on
Feb 11, 2013 09:10AM
In my opinion, we accused too many products of infringing during the J3 products. The Amazon kindle in 2007 did not have many sales, therefore it would stand to reason TPL was asserting infringement on other products. If only 100k kindles were sold and TPL was requesting 130 odd million, that would demand a royalty of almost 100% of the product. Considering there are 13 companies at the ITC, it makes sense in my mind that TPL chooses one or two important products from each. As for the 40 odd million request, yes they have gone down, but may e their calculations to support the new number is more solid and persuasive. Now I know the ITC does not award cash damages as they only bar the sale of goods on US soil. Also, I assume there is an alternative product for each product TPL claims infringes on the MMP. So the public harm arguement should be moot. Here is to hoping this all pans out.