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Friday, October 07, 2011 5:32:08 PM
As we all know, the infringers defense relied almost entirely on Prevost prior art. The judge shot that down with the markman ruling.
If the court ultimately rules willful infringement, damages could be trebled.
This is an interesting read regarding how the determination for willful infringement is made.
http://www.irmi.com/expert/articles/2008/warren05-intellectual-property-law.aspx
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