Replies to post #137053 on Biotech Values

[zipjet]

As I noted in an earlier post I have seen at least one instance of a settlement/damages where there was no injunction - but there were royalties imposed not only on the infringing product but also on a bunch of other products.

This is where I think we need to separate what can be done by settlement (elements of contract come into play since this is voluntary) and the limitations of a judgment remedy that a court can impose. I doubt (do not know) that a court can impose royalties against an infringer for products that do not infringe.

E.g. I'd take 80% of gross profit on aL (I'd guesstimate that to be about $200M per annum GP)

Assume the court enters that judgment. It will only operate while they use the MNTA patent. So they may stop selling after clearing out the inventory. Then restart selling once they can work around the patent.

plus 40% of GP on all of WPI's other products (they bring in about $400M/Year of GP) for 10 years.

Here we are back to whether a court can lawfully impose that remedy, which I doubt. Even if the court could lawfully do this, the chances of it seem very remote to me.

ij