
Groklaw - Novell Answers Lodsys - What Damages Has Lodsys Suffered? - marklabedz
http://www.groklaw.net/article.php?story=20110708021518693
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marklabedz
PJ writing: >>Novell asserts four counterclaims regarding the two patents
Lodsys asserts against Novell, asking for a declaratory judgment of invalidity
and noninfringement. And its affirmative defenses include failure to mitigate
damages. That makes me smile, because Lodsys is in what business, exactly,
leading to what damages? And that's Novell's point, which it makes explicit in
another affirmative defense: "Lodsys's Complaint, and each and every claim for
relief therein, is barred because Lodsys has not suffered any damages."

