"If I am an infringer and have a product produced for 10 years now and PDS writes me that I am infringing I have to pay for the 10 years plus the fee till the expiration date in 2015."
Incorrect. Damages accrue from the date of notice.
"If I am an infringer I could get informed till 2021 that I am infringing and I also have to pay the 12 years I would guess. In this case we would have plenty of time, because we just have to notify every infringer till 14 September 2021, and they have to pay for the period of time the produced product was infringing our patents."
Incorrect. Look back is only six years from the date of filing a complaint. If a complaint is not filed until after expiration, look back is decreased by each day after expiration that the complaint is delayed.
Sorry again, but I think we are talking about 2 different things. Yes jure we can’t ask for damages if we haven’t set them on notice, nevertheless they owe us the license fee for the whole lifetime of product in which it infringes, right? So at least we can ask for the license fee in my example for 12 years, even if they are set on notice at the 14 September 2021. In the first example they would owe us 10 plus 2 years of license fee and additional 2 years of damages. So we have another 7 years to not only collect the fees moreover we can sue them to pay us the money they owe us – is this correct?
