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Wednesday, December 28, 2016 8:12:11 PM
Fortunately, the company did file the case against ATVI on March 30, 2012. While the patents will expire at some point, the date for infringement and damages is based on that filing date.
If the company gets a six year look back for damages, it will be from the March 30, 2012 filing date plus any infringement after that date ATVI would be liable for.
One problem with the patents expiring, is if the company does not file any additional cases prior to the patents expiring, I would not expect the company to allowed to use a six year look back on any new case. Of course, at this rate ATVI is going to be the one and only case on these patents.
Louis J. Desy Jr
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