XpresSpa Group Inc (XSPA)

[coolerheadsprevail]

This raises an interesting question re: patent law that we did not encounter with the GOOG case.

Would you know whether monetization of a patent can only begin AFTER a patent has been awarded? Or could monetization cover past periods where the patent was still in the application process, but for which the technology being applied for was already being used by infringers?

For example, let's say that HYPOTHETICALLY, Samsung was using VRNG's patents in their wireless charging feature of their soon to be unveiled handsets. So this is happening in 2013. Let's say that VRNG's patents get granted in 2014. Should an infringement suit be filed, would VRNG be permitted to claim damages for infringement back to 2013 when the infringement began even though the patent was still in the application process? Or would VRNG be allowed to only claim damages beginning from the date the patent was officially awarded?

Anyone else with knowledge of this, please feel free to chime in as well...