Remember this? StrikeForce later learned that, during the negotiations, Duo cautioned Bechtel to check StrikeForce’s financials before purchasing StrikeForce’s product, and that StrikeForce was essentially out of money.

In other words, not only is defendant Duo willfully infringing the ’698 patent, but it uses its strong financial position—a position gained through its infringement—against StrikeForce to undermine StrikeForce’s sales opportunities. This type of egregious activity will only continue, and likely worsen, during a stay as it would embolden defendants to continue infringing and interfering with StrikeForce’s sales opportunities. Notably, defendants do not offer to stay their sales efforts for the next 17 months. To the contrary, by the end of this year, Duo’s annual sales could reach up to $170M. During a stay, Duo’s annual sales could increase to more than $350M.[/quote]