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Re: Drought Resistant Hostas---Also H. 'Revolution'

Chick, yes it is retroactive but only in the sense that they would have to 
know and track down all users of the patent. More likely they would charge a 
royalty from the start and anyone who sold very large quantities and didn't 
keep records would be in a hurt, since they can "estimate" damages and you 
would have to prove with evidence that they were off in their estimates.

The real problem is lawyers will, and I guess should get involved, which 
jacks up the ante quickly. You can also hire legal help, but is it really 
worth it?

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