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Message: Re: Lawsuits ..discussion with RP Gil...OZ...doni...
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Oct 15, 2008 07:55PM

I can uderstand now how RP'S truncated answer to OZ's question could be confusing...

FIRST:

A patent issued in US is enforecable in US, and any determination by a Court in US that it was violated can be enforced in a Foreign Court under principles of commity by that country's legal system...

SECOND:

The question that is currently before the Supreme Court is the following:

Does US Patent Protection Extend Beyond Its Borders?

from the jurisdiction-questions dept

The US Supreme Court has apparently asked the White House to weigh in on a case its deciding whether or not to review. The case involves a patent dispute between AT&T and Microsoft. In question isn't the patents or whether or not they were violated. That part has been settled, with Microsoft agreeing to pay AT&T for using technology AT&T patented in copies of Windows that have NetMeeting (that patent involves making voices sound clear). At issue here, however, is whether or not Microsoft is liable for copies of Windows installed outside of the US. Of course, it seems likely that the White House won't have much of a problem saying that patent issues extend beyond our borders -- but that could have some pretty serious implications for many other patent lawsuits, making potential damages for companies that much greater, even if the products are shipping in countries where the technology is not covered by patents.

http://techdirt.com/articles/2006042...

The question is can you collect damages for products shipped overseas without going through the process of enforecment of your Court judgement by a U.S Court that your patent is violated by the foreign country Courts?

I can see what RP response was. At this moment the Supreme Court has not decided this issue yet.

Gil...

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