>>> maybe I am wrong but believe the rules were made that way to stop those who may want to file a suit say 10 years after a patent expired.>>>
Could be. I don’t know why they established this law. However, the U.S. patent law (35 U.S. Code § 286) itself is clear cut. When you file an infringement lawsuit seeking damages, you can only recover for infringing acts that occurred within six years before you filed the complaint. But it says nothing relating to a patent’s expiration date. I think it’s understood that the infringement time must be when the patent has not expired - when there is still a patent owner.
Something to think about: The 8K mentioned that the company will try to settle this prior to filing a lawsuit. Primarily, with a licensing agreement. Given we are losing potential infringement time, I would think they would either come to an agreement with this infringer or file the lawsuit with a sense of urgency.
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