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Limejuice22

09/13/14 11:36 AM

#390062 RE: Data_Rox #390061

Last I looked IDCC has sent out about 8 notices and follow ups, and has been willing to work with "willing licensees"....the 10q has stated the litigation....Texas A&M sues 1000's of farmers in the wheat states for infringing on its "wheat GMO" , most are settled out of court but poor farmers are beat to a "kernel" over trolls in agriculture...all the technology developed at tax payer subsidized schools and then turned on producers...

olddog967

09/13/14 5:11 PM

#390064 RE: Data_Rox #390061

Data: In regard to "sitting" on notices of infringement, depending on the circumstance, if a company does not initiate a patent infringement case within specified time frames after notice of infringement was given, laches and/or equitable estoppel can be valid defenses against the suit. For a brief summary see:


http://www.lawabel.com/patent-damages-laches-and-equitable-estoppel/


Although not a patent infringement issue, in the ITC 613 case Nokia wanted the investigation suspended and arbitration initiated. Judge Batts ruled for Nokia, but was reversed by the 2nd Circuit because:

“(1) the time elapsed from when litigation was commenced
until the request for arbitration;
(2) the amount of litigation to date, including motion practice and discovery; and (3) proof of prejudice,”