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Message: Past Infringement Ramifications

Past Infringement Ramifications

Am curious what benefit, if any, may accrue to PTSC should Otteson illustrate a pattern of alleged past infringement which originated years earlier? Surely, he would argue abuses created in the past, continue to this day in some egregious cases tieing past and present infringement, characterizing some of the Respondent's as Serial Infringers and should warrant harsh punishment by the court. Driving home the point that several, if not all, of the Respondents have willfully violated the 336 MMP, time and again, is the goal.

My question is what is the legal Remedy, if confirmed by the Judge for past infringement? The ITC does not award monetary damages. However, documenting a history of past infringement, continuing to the present greatly strengthens our case and gives insight into the mindset of the alleged Infringer (deceit?, ignorance?, et al).

IMO, if past infringement can be proven as a bookend to current infringing activity, then the past infringement activity should have intrinsic value. If the Judge declares infringement occurred in the past and continues today by a Respondent, he may decide to cover more products to reward PTSC for prior infringement. I don't know if the Judge has that latitude, but it would be one form of legal remedy, if allowed. Virt

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