PATENT DAMAGES IN A WORLD WITHOUT INJUNCTIONS
in response to
by
posted on
Nov 07, 2007 03:17AM
from the first article..
"Hiring the right economic expert and assigning attorneys experienced in economic litigation can turn a plaintiff’s case into a windfall and even a defense loss into a defeat the client can handle."
from the second...
"Just like everything else in our society, a patent is “worth” no more than someone will pay for it. Under existing law a reasonable royalty” is determined by pretending that that the parties engaged in a “hypothetical negotiation” of a patent license when the defendant began infringing. The two major differences between the hypothetical negotiation and a real one is that the patent is assumed to be both valid and infringed and the parties are required to reach an agreement–no walking away from the table."
....... In reading the above, IMO, e.Digital has a strange circumstance. Their patented background environment is totally new. For that, there was no existing support base of development, in that respect, it had no prior value to anyone. Entry licensing 7 years ago, would not have the same economic value that it might/would once proved to be of significant value.
The technology is very valuable, seeing that the industry now hinges on translating parallel to serial processes and vise versa.
How does one prove a great value with out having a previous economic value?
In contrast to the above ""a patent is “worth” no more than someone will pay for it.""....IMO... The only way something is proved to be valuable, is if some one is willing to implement it without authority or cost considerations.
doni