Wednesday, June 5, 2013
Posted by D. Daniel Sokol
Mark S. Popofsky and Michael D. Laufert (Ropes and Gray) discuss Patent Assertion Entities and Antitrust: Operating Company Patent Transfers.
ABSTRACT: The power of a patent can depend on its holder. In one set of hands, a patent might play a defensive role, warding off suits by similarly armed competitors. But when placed in another’s, the same patent can serve as a weapon for extracting royalties from inadvertent infringers or for raising rivals’ costs. In short, much like the theory of relativity, the ability and incentive to assert a patent can turn on the positions rights holders and enforcement targets occupy.