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IANAL, but I'd guess that the license pricing in their demand would play into the potential damages assessed by a suit later. Once they admit that the patent i
by crusso 14y ago
IANAL, but I'd guess that the license pricing in their demand would play into the potential damages assessed by a suit later.
Once they admit that the patent is only worth $75 to a business, then how would they sue for $200,000 later?
Treble damages? $225?
- fusiongyro 14y agoI think the point Jon's making is that a business is a lot more likely to swallow a $75 fee than a $200,000 fee. If you hit me with a $200,000 licensing fee I'm a lot more likely to hire lawyers to retaliate and really make you work for it.
- crusso 14y agoOh, I get his point - but you can't forget that there would be two sides to that coin. If I get hit with a $75 licensing fee, I throw it away knowing that the worst that can happen is that I'll owe $225 down the road. The fee has to be small enough so that someone will pay it, yet big enough so that the victim company thinks you might sue them to collect it.
- fusiongyro 14y agoI would be surprised if the majority of people follow your example.