Patent Rulings Change for the Better
Copyright Jack Mixner. 714 449 1040. www.mixnerstrategy.com
One of the best ways to increase the value of your company? Patent something.
Problems have emerged in recent years when "patent trolls" make improper claims on a patent and demand a "damages" payment that is less than the probable legal costs - and get away with it.
The courts, in decisions over the last year, have fixed some of the problems (Feldman):
- An positive eBay case ended the practice of courts granting injunctions against the use of a patent by allowing courts to use a "traditional test" before granting the injunction.
- Counterclaims are now allowed in the court where the company resides.
- Courts are now allowed to decide whether a patent should have been issued in the first place.
Patents were once an asset of a company. Newer hassles had limited their usefulness. Recent rulings seem to reduce the hassles and will probably increase company valuations.
That's good for everybody.
Reference
Feldman, Scott. Patent Law Gets Saner. The Supreme Court sent a message to "patent trolls": your days are numbered. Technology Review. September/October 2007. http://www.technologyreview.com/Biztech/19180/