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" ... The bad news is that the laws concerning damages lean strongly in favor of the alleged wrongdoer. This is true despite the fact that the U.S. Constitution tells you different; that your patent will allow you to "exclude" your competitors from the marketplace or get monetary damages from those who infringe on or steal your invention. Over time, Congress and the courts have significantly raised the bar on patent holders who want to recover damages or stop the infringers. That makes wielding your patent harder. ... "
" ... There are two questions to be asked. The first question may be stated as: When is alter ego to be tested? This is the easier question to resolve. Since the purpose of the alter ego doctrine is to ignore the fiction of the entity and impose the underlying liability against the real wrongdoer, the time to test alter ego will typically be at the time that the liability arose. ... "
" ... Yes, it may feel satisfying to shift all responsibility onto a wrongdoer. It may be a relief because it can bypass painful self-reflection and shift focus from shame, disappointment, guilt, sadness, powerlessness and other challenging emotions. Ultimately, however, unless used judiciously and sparingly, blaming can create losers all around as participants become increasingly defensive and accusative. ... "