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If Microsoft has been collecting billions in revenue with an invalid patent for years, could the court (or EU Commission?) force them to reimburse that money?
by salient 13y ago
If Microsoft has been collecting billions in revenue with an invalid patent for years, could the court (or EU Commission?) force them to reimburse that money?
- drakaal 13y agoNo. Basically if you fought and lost a patent dispute your dispute was still held. If you licensed a patent you licensed it, and it was believed to be valid. If you dispute the patent, fight, escrow the license fees, or filed with the court, and the court ordered you to continue paying during the dispute, then you could get your money back.
- biehl 13y agoWell they certainly should. It would also be great if a rule was introduced along the lines of "willfull patent abuse" so that since Microsoft was aware of the prior art while still attempting to collect fees they should pay back the money thrice over.