| GreenHell |
09-03-2012 06:52 PM |
Quote:
Originally Posted by subatoy
(Post 419395)
no profit= no damage, so whats the point?
Also if this patent is a US patent and this person is
outside the US there is NOTHING the patent holder can do.
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The point is that you’re oversimplifying issues.
I wish things were as black or white as you make them out to be. There’s a reason it takes 3 years of legal education to become a lawyer, and years of practice to become proficient.
Here’s what the law says about damages: adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the infringer, together with interest and costs as fixed by the court.
I believe what you’re trying to say with the “no profit” scenario is the “lost profits” provision for patent damages. It might be hard for the patent holder to prove lost profits in this scenario but it is not impossible. The patent holder can seek lost profits under (1) future lost profits, (2) damage to reputation and goodwill, (3) business losses etc.
If the patent holder cannot claim lost profits in this particular case, he will be able to claim reasonable royalty damages from the infringer.
Then there’s the treble damages for willful infringement if it can be shown that the infringer had notice.
Lastly, US patent or not, if the patent holder has PCT coverage in the country in question, he can enforce his rights in said country.
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