Re: General Question
- From: Tommy <bad@xxxxxxxxxxxxx>
- Date: Thu, 18 Dec 2008 00:12:25 -0500
Robby wrote:
Hi Alex, defendants already have a recourse here - its call Tortious Interference - disruption of your business. So if a plaintiff loses, a Tortious or Wrongful Interference lawsuit will follow suing for lost time, lost of exclusive product income, PR damages, and of course, attorney fees. So patentees better be sure they have a case.
Do Tortious Interference apply to patents, don't they only apply to contracts between companies?
Contracts, customers, or just plain running a business. If a plaintiff intentionally disrupts your business, such as by getting a court injunction against you where you can't sell your product or services, falsifying information in the media, or just can't continue with your normal business and hence you are losing money, etc, that is all grounds for Tortious Interference against the plaintiff if he is proven wrong. All you have to prove is measurable harm was done (generally in the form of money). If you haven't lost anything, then its harder to sue. Rather, you can always sue, but generally a judge will look for grounds of harm being done before continuing such a case.
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