ziploc: Although discussed before, it is worth repeating. If IDCC's 3G patents are as strong and essential as IDCC claims, I believe any major manufacturer who knowingly continues to infringe may place themselves in a position subject to triple damages. This could be quite a downside to a decision to not pay.
"a patent owner may recover punitive damages. 35 U.S.C. § 284 allows a court to award up to triple damages if the infringer has knowingly, deliberately, intentionally, willfully, or wantonly infringed the patent. According to the U.S. Supreme Court, three factors guide a decision to award enhanced damages; (1) whether the infringement was willful or deliberate; (2) whether the infringer had a good faith belief that the patent was invalid; and (3) the party's conduct during the litigation. Determinations of willfulness are difficult and must be made on a highly individual basis "
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