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There are two issues with what you suggest (looking up patents ahead of time): 1. Many times the Cease & Desists, or "Invitations to License" are about complet
by chao- 13y ago
There are two issues with what you suggest (looking up patents ahead of time):
1. Many times the Cease & Desists, or "Invitations to License" are about completely tangential topics or technologies to the core of your business.
2. If you do specifically look for patents ahead of time, and this becomes known in any legal proceedings, the penalties for willful violation of assorted IP are higher. IANAL but have heard this often enough from people, without seeing it refuted. Someone do correct me if I'm wrong.
- tanzam75 13y agoWillful patent infringement may lead to triple damages. (In legal terminology, called "treble" damages.) However, if you've never even looked at the patent, then by definition you cannot be infringing willfully. The payout will be limited to 100%.