Determining Monetary Relief in Patent LitigationAn article from The Association of Business Trial Lawyers Report |
Companies that generate revenue through patent enforcement, but do not manufacture or sell any products of their own, are the source of a great deal of controversy. There are a variety of terms used to describe these entities - e.g., aggressive patent assertors, patent aggregators, patent speculators, patent trolls, patent licensing and enforcement companies, etc. To avoid the implicit judgment in some of these terms, they are referred to herein as non-practicing entities (“NPEs”). Their business models and enforcement strategies vary, but they all have one thing in common: they do not practice the patents that they enforce.
Case law attempts to balance the rights of a patent holder with the economic hardship that a defendant may face upon a judgment of infringement. This article discusses unique economic considerations in determining pre- and post-trial damages, as well as awarding injunctive relief, in matters involving NPEs.
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Determining Monetary Relief in Patent Litigation
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