I just read in IP law360 a case Stryker vs. Zimmer where willful infringement just became a lot easier to prove through "email tracking". A company infringing on a patent willfully has to pay three times the damage. But has always been very difficult to prove. You had to show a ton of discovery, and a lot of circumstantial evidence. Now it just got a whole lot easier and cheaper. I also read another case where a company had a brake patent and it was ruled invalid by the ptab board, and was overturned by a judge making the patent valid again. I remember back in the hay day of Augme/ Hipp, there was a ton of speculation about three times the damage because everybody knew the infringers were willfully infringing on our foundational patents. 1200 companies at one time.. so, even though our main patent, I believe the 536, was ruled invalid, that could be overturned and I hope ESW is working on that.." they're waiting on a Patent for a new technology" came through and I am hoping that the "patents definitely come back" is going to come through as well.. :)
