Subject: RE: A Primer on Infringing Patents in Software
From: <stephen@xemacs.org>
Date: Tue, 10 Oct 2006 04:05:10 +0900

Lawrence Rosen writes:

 > > 3.  What are the penalties for inadvertant infringement?
 > 
 > For direct infringement, intent has nothing to do with it. Accidentally or
 > intentional, you still infringe. Contributory and inducing infringement, and
 > of course willful infringement, have elements of intent.

What's the difference between "intentional infringement" and "willful
infringement"?

What I really want to know, I guess, is whether and when simply
ceasing to make, use, etc the invention protects me from liability.
Obviously this is cold comfort to an FSB whose revenues depend on
continuing to sell the product embodying the invention, but I
personally can just walk away from my "product" at no great loss.  Can
I still be be forced to pay damages *today* for the versions of XEmacs
that were distributed in 2004?

I also wonder how the labelling requirement of 35 USC 287(a) is
interpreted with respect to software?

Finally, 35 USC 284 says that assessed damages may be increased up to
three times by the court.  What rules govern that increase?