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Authored by: Anonymous on Thursday, October 11 2012 @ 11:47 PM EDT |
To get an injunction you'd likely have to pursue a patent infringement case
anyway and in that case why can't the court just award damages instead of an
injunction? That was Posner's point as I undestood it - you've already agreed
to license the patent, it's just a matter of determining compensation (which may
not simply be monetary - eg crosslicensing).
There's no need for injunctions at all there.[ Reply to This | Parent | # ]
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Authored by: Ian Al on Friday, October 12 2012 @ 07:27 AM EDT |
ITC Administrative Law Judge Rejects
Apple's FRAND Arguments Against Samsung.
The ITC pointed out that
injunctive relief was the only remedy available to that court. However, once the
principle of injunctive relief being a remedy for the ITC in a FRAND case is
set, it also applies to all other courts even if they have financial damages
relief available to them, as well.
--- Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid! [ Reply to This | Parent | # ]
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