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Since there has been interest in my story I'll tell another part of it. When we first discovered the distributor was copying us we sent them a letter telling t
by mchahn 8y ago
Since there has been interest in my story I'll tell another part of it. When we first discovered the distributor was copying us we sent them a letter telling them we had a patent and to stop. It did no good.
When we met with the lawyers they told us we made a big mistake. We were admitting we knew about the infringement. This sealed the issue of losing the patent. If we had acted ignorant we could have argued later we didn't know about it.
- everybodyknows 8y agoSo, the strategy the lawyers imply is to secretly observe the infringer's sales volume, waiting until accrued damages exceed the 1 million litigation cost, but not so far as to exceed the infringer's liquidation value, then sue? And expect to forego triple damages, unless in discovery you can turn up an internal memo proving the infringement was knowing? My head begins to spin ...