Will the courts recognize future harm from past action.
Well that helps me understand your issue.
At the point that the court determines the damage from the infringement, they are not limited to the damages that have already accrued. So of course*, the JE will include damages for the future injury of the past infringement long beyond the judgment date.
Additionally, IF WPI is to continue to practice the patent, then the court could determine a royalty for that continued use.
ij
* Remember that we have said that damages for patent infringement are rightly likened to tort damages. To illustrate: If I negligently injure a pedestrian with my car and he is a quadriplegic as a result most of the damages are future care and loss of income. Determining the damages will have a component of a discount rate and inflation rates but all of that will be reduced to a single amount at the time of the judgment entry.
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