I guess the worry would be this former sales person who JCR has alleged says that Nearmap is knowingly breaching the Eagleview patents by providing roof measurements. This might argue for enhanced damages if true. On the other hand it might also show that Nearmap is careful NOT to breach patents based on the advice of its legal team. At the moment, I think that Nearmap is in a better position to know if it is breaching Eagleview's patents or not. It will only be after Discovery (or a fishing expedition) by Eagleview, that they will be in a position to know what Nearmap is doing and how it is doing it.
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Ann: Nearmap made aware of complaint in US District Court (Utah), page-55
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