UnifiedOnline Inc fka UOIP

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Direct Infringement; Invalidity; Willfulness; Egregious Misconduct

Something to consider from all the exceptional DD provided by you all.

Direct Infringement

“Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or importsinto the United States any patented invention during the term of the patent therefor, infringes the patent.”


Invalidity

“The question the Court confronts today concerns whether a defendant’s belief regarding patent validity is a defense to a claim of induced infringement. It is not.

Willful Intent

“When the damages are not found by a jury, the court shall assess them. In either event the court may increase the damages up to three times the amount found or assessed.”

>> Knowledge of the asserted patent
>> No “good-faith” basis to believe that your behavior (making, using, selling, etc.) does not infringe

Egregious Misconduct

1. whether the infringer deliberately copied the ideas or design of another;
2. whether the infringer, when he knew of the other's patent protection, investigated the scope of the patent and formed a good-faith belief that it was invalid or that it was not infringed;
3. the infringer's behavior as a party to the litigation;
4. defendant's size and financial condition;
5. closeness of the case;
6. duration of defendant's misconduct;
7. remedial action by the defendant;
8. defendant's motivation for harm;
9. attempt to conceal misconduct.

http://acc-nyc.com/images/downloads/Full_Day_Presentations_/perkins_coie_commil_halo_presentation_for_acc_june_2017_6_11_17_final.pdf