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Message: Re: Triple Damages / DaBoss
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Sep 07, 2007 10:18AM
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Sep 07, 2007 10:39AM

Re: Triple Damages / DaBoss

in response to by
posted on Sep 07, 2007 10:50AM

I've stared in this movie -- on the wrong side of the suit. One of our patent lawyers told me that is was rare to get the triple damages and legal fees, but it does happen when malious is obvious and/ or proven.

Fortunately, we were able to license what we didn't know we used.

In EDIG's case, it is my impression that the "partners" we all know from the past might be in a position to be squeezed for the treble damages since they were working with EDIG and knew of the IP. This is probably another speculative point that only DM will be able to clear up, but you have to guess DM will use the mean ole copy cat's past relationship with EDIG to their advantage. IMO, it would not look good to a jury when playing the David vs. Goliath card.

My hope is DM works hard at cutting license deals on the front end and keeps us out of the situation PTSC has been in for the past two years. While I believe the Markman ruling was very favorable to PTSC, anything can happen in a courtroom.

John

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