Monday, August 29, 2016 11:01:28 AM
The point is that WDDD only had six years to file any lawsuits against anyone it thought was infringing in order to get damages for the time prior to filing. While WDDD did file the ATVI within such a time period, WDDD never filed any other lawsuits.
If you look at the old estimates for what the patents could be worth, it was expected after a win against ATVI that other companies would be taken to court if they did not sign a licensing deal and be eligible for prior time periods.
Since it was known back in 2007 that there were other companies infringing besides ATVI, and WDDD never filed any lawsuit against them, damages in those cases can only run from the date a lawsuit is filed and forward.
This means if WDDD does not file a lawsuit before the patents expire, WDDD will not be able to collect anything from anyone except ATVI. Lawsuits against other companies may only have a few years or nothing left at this point.
If the timeline for the patents for infringement for WDDD to file a lawsuit is when the patents were awarded, the time may be just about done.
Louis J. Desy Jr.
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