Today, many companies make the business decision to infringe patented technology instead of paying a royalty to license it—so called efficient infringement. The calculation is that it will ultimately be less expensive to ignore the patent rights of innovations than to take a license in an arm’s length negotiation. Over the last 15 years, that calculus has largely proven correct, with changes to numerous laws and the introduction of additional administrative processes all conspiring to make it easier to challenge issued patents. This means that litigation is often the only way for an innovator to protect valuable intellectual property and to stop infringement. Unfortunately, lacking leverage and financial resources, many patent owners cannot stop infringement—in some instances, even after a jury trial.
Recent Posts
- Federal Circuit Finds No Due Process Violation Stems from Inconsistent Positions on Patent Ownership at PTAB, ITC
- UPC Issues First Permanent SEP Injunction: The Ramifications of Philips v. Belkin | IPWatchdog Unleashed
- Thaler Tells SCOTUS Refusing Copyright to AI-Generated Works Endangers Photo Copyrights, Too
- Amici Urge SCOTUS to Address Uncertainty Around ‘After-Arising Technology’ Question
- Other Barks and Bites for Friday, October 10: SCOTUS Invites SG’s Views on RiseandShine’s Trademark Issues; MPA Urges OpenAI to Address Sora 2 Infringement; and UPC to Add Third Panel to Court of Appeal