Supreme Court Holds Patent Owners May Recover Lost Profits for Infringement AbroadSeptember 3, 2018
The Poor Man’s Patent is Poor IndeedOctober 26, 2018
Many in the industry accuse the Supreme Court of being anti-patent because a majority of decisions by the Supreme Court are not in favor of the Patentees. I don’t believe this is the case.
Instead, I believe that it is bad patents combined with sketchy facts that get cases to the Supreme Court, meaning that the cases clearly in favor of the Patentees are weeded out in their favor much sooner. And by “sooner” I mean even before a litigation has been initiated. If an infringer receives a cease & desist that has some teeth behind it, (e.g. a good patent) the infringer is absolutely going to take action to avoid even receiving a notice of complaint. This is something that the analytics can’t capture, so I believe the statistics are skewed, giving a false impression of bad statistics for Patentees.
Here is the IP Watchdog article that prompted my comments above.