Unitary patent, willfulness and damages
Article 68. Award of damages
1. The Court shall, at the request of the injured party, order the infringer who
knowingly, or with reasonable grounds to know, engaged in a patent infringing activity,
to pay the injured party damages appropriate to the harm actually suffered by that party as a result of the infringement.
Questions -
- What must be known - probably at least the existence of the patent but is it enough?
- Is a fair believe that the activities do not fall within the claimed scope a defence?
- Is a fair believe that the activities were not covered by Article 25 and 26 UPCA a defence?
- Is a fair believe that the patent is invalid a defence? (compare Commil v. Cisco (U.S. Supreme Court 2015)
- What if at the time of the infringing activity, the patent had been revoked in first instance and appeal was pending?
- Of course, what are the " reasonable grounds to know" ?
- Knowledge of which persons is sufficient for liability of a corporation?
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