Reconsideration of damages limitation was denied

Posted on March 13, 2007 by Morris James LLP
Inline Connection Corp., et al. v. AOL Time Warner Inc., et al., No. 02-272-MPT and 02-477-MPT (consolidated), Jan. 12, 2007.

Thynge, J.  A motion for reconsideration of December 5, 2006 limitation on damages was denied.


The Court concluded in its Dec. 5, 2006 opinion limiting damages that 35 U.S.C. § 287(a) barred damages for infringement occurring prior to actual notice of the patents-in-suit.  Inline made no effort to require its licensee to mark tangible articles of the system and did not meet its burden to show actual or constructive knowledge of the patent.  Reconsideration was denied.

A copy of the full opinion is available here.
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