a.ashfield <[email protected]> wrote:
> Jed wrote: "Surely they would have to pay royalties in that case." > > Not necessarily. They could claim the agreement was null and void as the > bench mark failed. > Anyone who uses a patented technology must pay royalties. It makes no difference whether you previously had an agreement with the inventor or not. If Rossi gets a patent, every company on earth which uses his technology will have to pay him a royalty. It is well known that in China and in some other places companies get away without doing this, but legally they are obligated. > Then develop there own device that was different because it had a higher > COP. If the patent judge rules it is an infringement they will have to pay royalties. If the judge rules their own device is unique and is not based on Rossi's then they will not have to pay royalties. In that case they will not have benefited from their knowledge of his device. (Assuming the ruling is fair.) Look at the Wright Bros & Curtis or Bell & Meucci > The Wright brothers won the suit against Curtis. They got their royalties. - Jed
