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gunadoit

06/17/05 3:25 PM

#22297 RE: persistent #22292

Very good question,
"Does anyone know if they filed for an injunction to stop Virgin from using its technology until the resolution? That would certainly put pressure on Virgin to settle and soon."
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success622

06/17/05 3:38 PM

#22302 RE: persistent #22292

persistent,
I believe a Cease and Desist order was most certainly filed against Virgin Entertainment before the lawsuit; because the Relief being sought by NeoMedia includes a preliminary and permanent injunction, along with monetary damages etc which includes treble damages due to the Defendant's willful infringement. Compensatory damages will be based upon no less than a reasonable royalty.etcetc.
The above is from a document filed by NeoMedia's attorneys on June 28, 2004

Note: Treble damages apply when an infringer has been notifed yet continues to infringe. ie willful infringement