Replies to post #178374 on Zerify Inc (ZRFY)

[I_Am_Ram]

I just don't see either of the criteria. It's one thing if it's one or two companies that did it. But it's not. Obviously if infringement did happen with all of these companies it would not be under these reasons.

All of these companies didn't get together and say "if we all do it we'll be fine." That would be subjectively willful.

Subjectively willful essentially means they chose to do it knowing it was wrong. All of the court docs from the opposition so far said "this isn't infringement, this is prior art" indicating they were not aware. Does it excuse them from damages? No. Does it excuse them from treble damages? I think yes.