Event Session
Patent Owner Strategies for Enforcing Patents**
May 14, 2024 @ 9:00 AM EST
9:00 AM ET
May 14, 2024
Patent Owner Strategies for Enforcing Patents**
There is little doubt that the way patent rights are viewed and protected has transformed over the last 15 to 17 years. Enforcing patents has become much more difficult, and the patent system in the U.S. over that timeframe has come to incentivize efficient infringement and make it harder, if not impossible, to resolve patent infringement disputes through arms-length negotiations. Efficient infringement, enabled by increased procedural challenges and changes to substantive patent law, have allowed giant corporations to use their might against startups, SMEs and frankly most innovators.
Patent owners have had to come up with a variety of strategies in order to cope with the rise of efficient infringement, the omnipresent threat of having a patent challenged at the Patent Trial and Appeal Board (PTAB), and public sentiment that has largely turned against innovators in the United States because of the continuous, never-ending characterization of patent owners as “patent trolls”.
To equalize the playing field patent owners have increasingly relied upon patent litigation financing as a means to afford the lengthy battle for just compensation. Similarly, many patent owners who can demonstrate the existence of a domestic industry have turned toward the International Trade Commission (ITC), which does provide injunctive relief to successful patent owners. Still others are turning outside the United States to countries like Brazil and Germany, where judges are not swayed by campaigns to vilify patent owners as patent trolls, and injunctive relief is both available and awarded. And others are turning to Amazon and using the “Amazon Court” to achieve a remedy against knock-offs and counterfeiters.
This panel will discuss the aforementioned topics, as well as the various strategies available to patent owners, some of who are interested in exclusion and not particularly interested in past damages and others who are keenly interested in past damages and less interested in exclusion on a moving forward basis.
Materials
The U.S. Patent System, the Coase Theorem, and the Era of Efficient Infringement
Thirty-Five Years of the U.S. IP System, Part II—AIA Through Today
LG’s Recent Infringement Fight Against TCL Could Take Some Tips from DivX’s Approach
Survey
https://www.surveymonkey.com/r/patent-owner-strategies
There is little doubt that the way patent rights are viewed and protected has transformed over the last 15 to 17 years. Enforcing patents has become much more difficult, and the patent system in the U.S. over that timeframe has come to incentivize efficient infringement and make it harder, if not impossible, to resolve patent infringement disputes through arms-length negotiations.…
Session Speakers
Sponsors
