If our patent has expired but we just learned that it had been infringed on for over 20 years by a very large company, canwe sue for damages?

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If our patent has expired but we just learned that it had been infringed on for over 20 years by a very large company, canwe sue for damages?

Asked on December 6, 2011 under Business Law, Michigan

Answers:

Michael D. Siegel / Siegel & Siegel, P.C.

Answered 13 years ago | Contributor

You can sue and try to get a settlement.  However, you will lose the case if it goes all the way since you did not defend the patent for 20 years.  if there is enough money in it, you can likely recover more than it would cost to bring the suit.


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