‘Over time, many companies began to view patents – particularly vague software patents – as weapons that could inflict significant harm in the hands of infamous patent trolls, rather than assets of potential value. Given the staggering cost of defending a patent infringement action to conclusion — easily within the $5 million range — settling was often the most rational course, regardless of a case’s merits. As the cost of these settlements began to pile up for a handful of the largest technology companies, so did the political pressure exerted on Congress to change the patent system and return leverage to those sued for patent infringement.’
Let’s clear the air and inject a little critical analysis on the above statements.
- infringers regard all patents as ‘vague’…that belong to anyone else
- patent troll=small competitor
- All businesses consider settling when sued. This is true in all business litigation -not just patents. The considerations are most always
- what will it cost to settle,
- what will it cost to fight,
- what are our chances of losing and what will the cost be if we lose…what is our exposure
To suggest that only the cost of fighting is considered by accused infringers is just not true. That is a lie routinely spread by large infringers and their paid lobbyists. For example, if their exposure is going out of business and their cost to settle is $50k, then they settle. Pretty reasonable, right?
The authors lose all credibility by repeating such lies. It appears their principal clients are large corps, or that at least in this instance they are working for large multinational serial infringers (thieves).
Don’t believe the lies of thieves or their paid lobbyists. Just because they call it ‘reform’ doesn’t mean it is.
For our position and the changes we advocate (the rest of the truth) to restore the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com/category/our-position/
or, contact us at firstname.lastname@example.org