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You do not infringe on rights of the licensee, licensee may continue to use the licensed IP, there was no damage inflicted. I believe there's no form of "licens
by kika 13y ago
You do not infringe on rights of the licensee, licensee may continue to use the licensed IP, there was no damage inflicted. I believe there's no form of "license to sue" (besides legal representation which is a different thing).
Needless to say, IANAL as well.
- jbri 13y agoIt's in the field of copyright rather than patents, but the Righthaven suits suggest some form of precedent in this area. But that's kind of a sideshow - I believe the real issue being pointed at is if the defendant chooses to argue that a patent is invalid, and succeeds, then the only award they get is the now-invalidated patent.