## Q79 key (Patent Marking Window)

1. The 60 percent rate through June 30, 2022 is below the supplied 95 percent threshold, so it gives no constructive notice. Missed: damages begin at patent issuance despite deficient marking.
2. Constructive notice begins July 1, 2022, when marking reached 97 percent and remained compliant. That date controls because it precedes valid actual notice. Missed: the later demand letter shortens the damages window.
3. The October 15 email is not actual notice because it identifies neither the patent nor an infringement charge. The February 1, 2023 letter is valid actual notice but adds nothing after constructive notice already began. Missed: a licensing invitation is treated as a charge or the valid letter is ignored entirely.
4. Suit on June 1, 2026 has a six-year lookback to June 1, 2020, earlier than all infringement and notice dates, so the lookback does not truncate recovery. Missed: six years is counted from patent issuance or used to recover pre-notice sales.
5. Recoverable period is July 2022 through December 2025: 6 months in 2022 plus 12 each in 2023, 2024, and 2025, totaling 42 months. At 2,000 units per month, recoverable units are 84,000. Damages are 84,000 times $18, or $1,512,000. Missed: month count or unit rate produces a material valuation error.
6. Using February 1, 2023 incorrectly yields 35 months, 70,000 units, and $1,260,000. The lost value would be $252,000, representing July 2022 through January 2023, seven months and 14,000 units. Missed: NovaTag leaves a quarter-million-dollar marked-sales period unclaimed.
7. March through June 2022 contains four months, 8,000 units, and $144,000 in otherwise stipulated royalties that remain unrecoverable because neither marking nor actual notice existed. Missed: the key distinguishes money lost by deficient marking from money lost by choosing the wrong later start date.