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In the US the Federal government or its agents can infringe patents basically at will. The remedy to the patent holder in a case like this would be the cost of
by pnw_hazor 7y ago
In the US the Federal government or its agents can infringe patents basically at will. The remedy to the patent holder in a case like this would be the cost of the valves.
No special court orders are required. Neither can the infringed sue to stop the US gov (or its contractors) from infringing. If a US state infringes it may be protected by sovereign immunity (assuming it has not waived that protection)
Of course Italian law may be different, but they or the EU probably have similar immunities.
- staticautomatic 7y agoNot exactly. https://www.uscfc.uscourts.gov/node/2927 https://www.uscfc.uscourts.gov/node/2927
- pnw_hazor 7y agoI don't see any disagreement with what I said in here. Edit to add: I am an IP attorney so I appreciate that to some people this article may seem like it contradicts some of what I said. IP law is hard. But as far as I could tell, with one quick read, it basically confirms what I said. Also, thanks for the link, I hadn't seen this article before.
- staticautomatic 7y agoSorry I should have been specific. The "available remedies" section doesn't really support your assertion about the recovery. But yeah it's basically always lower than civil torts and you're otherwise totally right.