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Tuesday, February 05, 2013 11:45:46 PM
Discovery now taking place, if I understand it correctly, is to determine whether or not defendents INFRINGED knowingly, not good for them; to what extent they continued to infringe once they did become aware of their infringment. And what compensation will be given to SMME for the infringment; what actual damages were suffered by SMME by the infringment...What lost royalities there were.
Recall the case against Ford, GM and other automakers over the intermintent windshield wiper...made into a movie sometime back. The BIG guys think they can outlast the little guys...but this time the BIG guys were wrong.
If you were on the jury and heard the case as you know it....what would you do??? Offer SMME a few million?? hundreds of millions? V/MC have net profit of $Billions each quarter... AND remember, if it goes to trial, there are "punitive damages" which can also be given to SMME, up to 3 times the actual damages....
Look for an out of court settlement before June, 2013.
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