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Re: SHLOMO HERBIVOWITZ post# 21423

Saturday, 08/15/2015 12:10:18 PM

Saturday, August 15, 2015 12:10:18 PM

Post# of 23258
Hi mR d! Lawsuits actually do not need to be filed before the patents expiration. They can be filed in the weeks and months after. I bolded the key part 4 U. Knowing how little has been collected and how small each settlement is PTSCs lawyers are not anxious to do any extra work until it is necessary and that would be after a trial win some time mid-late next year. There is zero interest in this stock right now for a reason. Things should pick up in the next 1-2 years though so its worth watching.

"Patent damages may be limited in a variety of ways. 35 U.S.C. § 286 provides for a “running” period limiting recovery of damages to no more than six years before commencement of a cause of action for infringement.


35 U.S.C. § 286 Time limitation on damages

Except as otherwise provided by law, no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action.

This is not a time limit on bringing the infringement suit; it is a time limit on recovering damages. The public policy idea behind this limitation is to discourage patent holders from sitting on their rights while damages accrue.

http://patents.stackexchange.com/questions/1891/what-is-a-look-back-period


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