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But patent terms are 20 years. It had clearly been more than 20 years. Why didn’t the lawyer simply state this in their counterclaim? I don’t actually see it a
by creeble 5y ago
But patent terms are 20 years. It had clearly been more than 20 years.
Why didn’t the lawyer simply state this in their counterclaim? I don’t actually see it anywhere in the counterclaim.
- josaka 5y agoYou can, in some cases, sue for damages accrued up to six years in the past. You don't have to sue for those before the patent expires. You just stop accruing new damages when the patent expires. Past damages is what was allegedly at issue here. (Which is why the attorneys were talking about "marking," as it's a factor in whether you can get pre-suit damages for some types of claims in some cases.)
- creeble 5y agoThank you for this!
- deleted 5y ago[deleted]