Re:Judge wipes out patent troll’s $625M verdict against Apple
by FreeKill on Tuesday August 02, 2016 @08:10PM
(#12214450)
Guess it would depend on whether the entire justification for the R&D and thus the expenses incurred as a result was due to a fraudulent claim that your original tech violated a patent. Without that fraudulent claim, would Company A have invested in any of that R&D?
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Re:Judge wipes out patent troll’s $625M verdict against Apple
by wildmusings on Tuesday August 02, 2016 @09:07PM
(#12214779)
That'd be a separate tort that would need to be proven. Simply having a difference of legal opinion and losing in court is not fraud. The outcome wasn't even thrown out on its merits, but on concerns about procedural fairness.