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Date: | Tue, 14 Dec 2021 21:45:14 -0500 |
Content-Type: | text/plain |
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>
> I explained that, for the example of "Round-Up Ready" genes in Schmeiser,
> this was impossible for Monsanto to prove, so there were no damages,
> despite clear infringement.
>
Schmeiser is a Canadian case, applying Canadian patent rights. Has nothing
to do with Chapter 35 infringement actions, or Maine's Constitutional
Amendment.
>
> OK, so how WOULD damages be proven and calculated for patent infringement
That would be the entire point of a large part of the trial.
>
> But one is not going to ever get hauled into court in the first place over
> one tree in their own yard.
Just like no one is likely to be hauled into court for improperly applying
OA against the label's instructions. Yet, both are still illegal, and I
don't advise someone to break the law, especially when the potential
benefits are incredibly small compared to the possible risk of loss.
>
> I still do NOT see any significant risk for the kind of person who would
> be subsistence farming in Maine
So go ahead and break the law and roll the dice. But openly advocating
others to do so is irresponsible.
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