In reference to the patent: US7441367

What royalties would be due for an implementation of this patent (Or is the intent to prevent said invention from being implemented)?

closed as off-topic by Maca, Robert Cartaino May 7 '17 at 13:49

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  • "Copyright, Trademark, and Licensing Issues Are Off Topic — Ask Patents is a community-run website to ask about the patent process or to help find Prior Art on US Patents or Applications. Unfortunately, questions about copyright, trademark, and licensing issues are outside the scope of this site. Sorry about the confusion." – Maca, Robert Cartaino
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  • 2
    I'm afraid we can't answer such a question: that is purely a matter for the patent owner to decide. – Maca May 7 '17 at 1:16

Royalty payments, to my understanding, are negotiated and memorialized in a contract between the parties, often without one party bringing a lawsuit. Alternately if one wanted to enforce his or her patent retrospective royalties may either be a) agreed to in a settlement of a judicial proceeding or b) adjudicated as damages by a judge.

Just as Maca said above, the decision on whether to license out a patent (e.g., gain royalties) or enforce the patent via the judicial system is the patent owner's.

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