tag:blogger.com,1999:blog-5574479.post7376149981473343415..comments2024-03-29T13:59:42.629+00:00Comments on The IPKat: Litigation-proof patents and the excellence of patent portfolios: two books, one authorVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-5574479.post-63680867156797485032015-02-09T00:21:10.193+00:002015-02-09T00:21:10.193+00:00Yes, Anonymous @22:25, there is a difference betwe...Yes, Anonymous @22:25, there is a difference between our versions.<br /><br />I was thinking that part of being litigation proof was the ability to not have to spend any money in litigation.<br /><br />I would call your version judgement proof - not litigation proof.<br /><br />That being said, for judgement proof patents, I agree with your initial assessment - many such patents are out there. Quite in fact, in the U.S. the pool of patents that see litigation as a percentage of patents that can see litigation is well under 1%. I have often been sardonically bemused at the amount of hand-wringing about patent litigation when in truth there is so little of it (comparatively).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-37683099904531538232015-02-08T22:25:13.904+00:002015-02-08T22:25:13.904+00:00Sorry, but what you are both saying is that I am w...Sorry, but what you are both saying is that I am wrong because someone can always attempt to litigate under/against a patent? Obviously, I accept i am wrong if the definition of litigation proof is what you both offer.<br /><br />However, I was of the impression that the Kat was referring to a patent that can survive a validity attack in litigation, hence the subject of the book.<br /><br />Yes, businesess can run by avoiding patents, but many business operate by taking the risk of early launch/patent challenge. The kat will know only too well the business model of Teva and its attitude to originator patents. They will challenge if they believe the patents are invalid and will await expiry/design around those they believe are valid.<br /><br />Agreeing with your argument would mean that no patents would ever be challenged because it is better business to do something else.<br /><br />Regarding the declaration of non-infringement, I suggest regard is given to S.71(1)(a) and (b) of the UK Act. Every patent is immune to such a declaration (in court or at patent office, ie litigation) if the patentee responds to a request confirming no infringement.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-89540203927124389842015-02-08T18:21:35.753+00:002015-02-08T18:21:35.753+00:00Anonymous @ 16:40 is correct.
Since litigation ca...Anonymous @ 16:40 is correct.<br /><br />Since litigation can be brought by either party, no one party controls - no matter what.<br /><br />Logically, the set of litigation-proof patents must be a null set. Of course, the calculation changes if one adds the requirement of rationality for both parties. That, though, is not necessarily a requirement that can be freely added (human nature, being what it is).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-15623786934013770572015-02-08T16:40:13.246+00:002015-02-08T16:40:13.246+00:00Anonymous at 15:49: "There are many extremely...Anonymous at 15:49: "There are many extremely high value patents that never see litigation, either validity or infringement, because third parties have assessed them and respect them."<br /><br />No, it's because competitors can run their businesses without having to make at least an attempt to invalidate them.<br /><br />Anyway, there's no patent that is immune to an application for a declaration of non-infringement.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-74282456040052882922015-02-08T15:49:31.163+00:002015-02-08T15:49:31.163+00:00" there is no such thing as a litigation-proo..." there is no such thing as a litigation-proof patent"<br /><br />Absolutely, there is. If you are only thinking about the weaknesses we see tested in patents undergoing litigation then obviously that's a selective sample. There are many extremely high value patents that never see litigation, either validity or infringement, because third parties have assessed them and respect them.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-61888694793173149182015-02-08T12:04:46.471+00:002015-02-08T12:04:46.471+00:00I liked True Patent Value since it wasn't pomp...I liked True Patent Value since it wasn't pompous and was obviously directed at ordinary humans and not supercharged experts. Think I'll read Patent Portfolios next since I'm sure our company hasn't made any common mistakes :-)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-34564542631133674832015-02-08T04:43:06.710+00:002015-02-08T04:43:06.710+00:00So what about pharmaceuticals or biotech?So what about pharmaceuticals or biotech?Derek Freybergnoreply@blogger.com