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Even if the courts allowed this to be a valid defense, it could only protect you from willful infringement. Not having knowledge of an existing patent does not
by xtreme 9y ago
Even if the courts allowed this to be a valid defense, it could only protect you from willful infringement. Not having knowledge of an existing patent does not stop the other party from claiming damages. If they can prove you knew that your work infringes the patent, they can sue you for treble damages from willful infringement.
- anigbrowl 9y agoThey might allow it, but in civil litigation liability hangs upon the balance of probabilities rather than being beyond a reasonable doubt as in criminal trials. So a court might well allow it but that doesn't mean a jury would find it persuasive.