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
- Recentive Rehearing Petition Challenges CAFC’s Broad Section 101 Exclusion of Machine Learning Inventions
- Other Barks & Bites for Friday, June 20: Advocate General Tells CJEU to Affirm €4 Billion Antitrust Fine Against Google; Recentive Challenges Section 101 Invalidation of Machine Learning Claims
- Stewart Expands on ‘Settled Expectations’ Criteria in Interim Discretionary Denial Process
- Mediocre Results so Far for Deferred Subject Matter Eligibility Response Pilot
- European Patent Organization: Responses from ChatGPT Do Not Represent the “Understanding of a Skilled Person”