Friday, June 17, 2005 3:38:10 PM
I believe a Cease and Desist order was most certainly filed against Virgin Entertainment before the lawsuit; because the Relief being sought by NeoMedia includes a preliminary and permanent injunction, along with monetary damages etc which includes treble damages due to the Defendant's willful infringement. Compensatory damages will be based upon no less than a reasonable royalty.etcetc.
The above is from a document filed by NeoMedia's attorneys on June 28, 2004
Note: Treble damages apply when an infringer has been notifed yet continues to infringe. ie willful infringement
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