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Re: my3sons87 post# 427061

Saturday, 01/11/2020 8:15:16 PM

Saturday, January 11, 2020 8:15:16 PM

Post# of 432557
my3sons: You keep referring to the '244 patent as an important patent. As has been previously commented on the board the '244 patent is part of a continuation patent family that originated in an application that was filed on 9/21/1999. Therefore, IAW patent law the'244 patent, although issued in 2013, expired on 9/21/2019. In any infringement action no future damages can be awarded, and past damages are subject to statute of limitations.


"I. CONTINUING APPLICATIONS

A patent granted on a continuation, divisional, or continuation-in-part application that was filed on or after June 8, 1995, will have a term which ends twenty years from the filing date of earliest application for which a benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) regardless of whether the application for which a benefit is claimed under 35 U.S.C. 120, 121, or 365(c) was filed prior to June 8, 1995.'

https://www.uspto.gov/web/offices/pac/mpep/s2701.htm


The following is an event summary of the '244 patent application: number US12/615,098:

1999-09-21 Priority to US09/400,136
2009-11-09 Application filed by IPR Licensing Inc
2010-08-12 Publication of US20100202425A1
2011-07-26 First worldwide family litigation filed
2013-02-19 Publication of US8380244B2
2013-02-19 Application granted
2019-09-21 Anticipated expiration
2020-01-11 Application status is Expired - Lifetime

https://patents.google.com/patent/US8380244?oq=8380244


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