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Reply #45: When you say "sue down people" on the patent, do you mean they are trying to license? [View All]

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funflower Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-29-07 02:44 AM
Response to Reply #29
45. When you say "sue down people" on the patent, do you mean they are trying to license?
Edited on Sun Jul-29-07 02:56 AM by funflower
Patents should not be an insurmountable obstacle to the development of this technology, although they will boost the pricing for a while.

Permanent injunctions against an infringer are not very common in patent cases.

A recent Sup. Ct. case, eBay v. MercExchange, set down these factors for deciding whether to impose a permanent injunction.

(1)that the plaintiff has suffered an irreparable injury;
(2)that remedies available at law, such as monetary damages, are inadequate to compensate for that injury;
(3)that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted
(4)that the public interest would not be disserved by a permanent injunction.

I find it hard to imagine a situation where a university could meet this test as against an infringer who was trying to build a plug-in hybrid. The more likely result would be that the infringer would have to pay royalties to license the patent.
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