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Technology Stocks : The New QUALCOMM - Coming Into Buy Range
QCOM 180.90+2.1%Oct 31 9:30 AM EST
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To: Art Bechhoefer who wrote (4940)3/29/2009 5:49:22 PM
From: CrackheadBob1 Recommendation  Read Replies (1) of 9129
 
I think it would be easier to claim treble damages in that case. Treble damages arise when you knowingly infringe a patent. If you are already aware that a patent exists and infringe it, treble damages can be awarded much easier. That's the whole reason that treble damages exists, to discourage someone for doing just that.

Citing a patent as prior art has absolutely nothing to do with the validity of the underlying patent. Inventions build upon other inventions all the time in every industry. If "Company A" invents and patents a groundbreaking new technology, that does not stop "Company B" from inventing and patenting something else that builds upon that groundbreaking technology. Just because Company B has something additional, though, they still need the rights to the first invention to bring their products to market.
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