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DewDiligence

02/12/12 8:13 PM

#136945 RE: biomaven0 #136944

It may be unlikely in an absolute sense, but it’s not so wildly unlikely that it can be ignored in the royalty-valuation arithmetic.
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exwannabe

02/12/12 8:34 PM

#136952 RE: biomaven0 #136944

I think that's pretty unlikely myself - more likely they impose a royalty payment aside from any damages.

I do not get that argument at all.

If the court sides with MNTA, then they are entitled to damages for the previous period.

Forward going, the court can impose a royalty solution, but it must be at least sufficient to compensate the plaintiff to where they would be w/o the infringement. That is the law.

Now going to the actual case, I fail to see how a royalty can ever work as a court imposed action. It would be so high that A&W would have to sell at a loss.