This past October, DataQuill Limited filed suit against Alphabet (Google) in the District of Delaware, asserting a single expired patent for past damages. Google has responded (to an amended version of the original complaint) with a motion to dismiss, among other things, the plaintiff’s claims for willfulness and indirect infringement during the damages “18-month window” between the issuance of the patent’s claims from the last reexam proceeding and the date of expiration (in May 2017). A hearing on that motion has been set for May 26 before District Judge Maryellen Noreika; meanwhile, DataQuill has filed an analogous complaint against Amazon (1:22-cv-00610), also in Delaware, also seeking past damages, and also relying on a purported notice letter sent more than a decade ago.
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