Given the length of time each infringement lawsuit has been taking coupled with the below information I read this morning, the waiting game seems to favor the infringers. Do you think that PTSC and TPL have the resources to sue every infringer? The momentum of licensing has significantly dropped off from what it had been. What does this mean for PTSC shareholders?
Normal patentees would be on the whole unlikely to bring expensive patent infringement lawsuits on the basis of patents which are just about to expire.
That's mainly because the litigation can be expected to last until well after the expiry date. After patent expiry, the patentee can no longer get any injunction to stop further infringing trade, because that has by then become free to the public. The possibility of getting an injunction is normally one of the main incentives, often the biggest incentive, that motivates bringing suit for patent infringement. Once the patent has become history, the patentee is normally better advised to concentrate on other means of maintaining its competitive position.
After expiry, the only real issue left is usually compensation for infringements that took place before expiry. The expected back royalties or damages have to be very large before it can normally make business sense to sue over the historical usage.
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