Patent Infringement Liability
Patent infringement lawsuits can make or break a company, especially if it's smaller and going to court against a much larger rival. A classic, although tragic, example can be found in Edwin Howard Armstrong. In 1933, Armstrong invented wideband FM radio, based on his regenerative circuit technology. For the next 20 years, he struggled to patent and protect his innovation, becoming mired in costly litigation, most notably perhaps with the electronics company RCA. Armstrong lacked the resources of a company the size of RCA, and in 1954, worn down by the protracted legal struggle, he took his own life.
Patent law has changed since Armstrong's battles. One big development is the introduction of intellectual property insurance -- coverage that protects companies for copyright, trademark or patent infringement claims arising out of the their operation. A patent holder can apply this type of insurance in two ways. With a defense policy, the patent holder can receive reimbursement for legal costs and financial damages in the event he or she is sued for patent infringement. With an abatement policy, the patent holder can receive reimbursement for costs related to pursuing a case of infringement.
As you can imagine, intellectual property insurance doesn't come cheap. Depending on the industry, the premiums for a defense policy can run between $13,000 and $100,000 a year, according to a sample quote from Intellectual Property Insurance Services. Abatement policies may run between $10,000 and $72,000 a year, writes the company. The peace of mind, however, may be well worth it, especially considering a patent infringement lawsuit can cost a company millions of dollars.
Of course, some people believe that the entire patent process and legal system should be thrown out or, at least, reformed. But not having patent laws would have its own complications. Abraham Lincoln addressed this in a lecture he delivered in 1860:
Keep reading for more patented ideas.
- "A Brief History of the Patent Law of the United States." Ladas & Parry, LLP. (Jan. 18, 2011) http://www.ladas.com/Patents/USPatentHistory.html
- Blenko, Walter J., Jr. "The Doctrine of Equivalents in Patent Infringement." JOM, the Journal of the Minerals, Metals & Materials Society. 1990. (Jan 18, 2011)http://www.tms.org/pubs/journals/JOM/matters/matters-9005.html
- Elmer-DeWitt, Philip. "Counting Patents: Apple, Google, HTC." CNN Money. March 8, 2010. (Jan. 18, 2011)http://tech.fortune.cnn.com/2010/03/08/counting-patents-apple-google-htc/
- "General Information Concerning Patents." United States Patent and Trademark Office. Revised January 2005. (Jan. 18, 2011)http://www.uspto.gov/web/offices/pac/doc/general/
- Hsieh, Sylvia. "More patent cases are being taken on contingency fee basis." Lawyers USA. Aug. 14, 2006. (Jan. 18, 2011)http://www.inventionstatistics.com/Patent_Litigation_Costs.html
- Janicke, Paul M. and LiLan Ren. "Who Wins Patent Infringement Cases?" American Intellectual Property Law Association Quarterly Journal. 2006. (Jan. 18, 2011)http://papers.ssrn.com/sol3/papers.cfm?abstract_id=960633
- Kelley, Rob. "BlackBerry maker, NTP ink $612 million settlement." CNN Money. March 3, 2006. (Jan. 18, 2011)http://money.cnn.com/2006/03/03/technology/rimm_ntp/
- Krill, Paul. "What the mobile patent fight is all about." MacWorld, reprinted from InfoWorld. May 13, 2010. (Jan. 18, 2011)http://www.macworld.com/article/151232/2010/05/mobile_patents.html
- "patent." Encyclopædia Britannica. Encyclopædia Britannica Online. Encyclopædia Britannica, 2011. Web. (Jan. 18, 2011)http://www.britannica.com/EBchecked/topic/446287/patent
- "Patent." Legal Information Institute, Cornell University Law School. Aug. 19, 2010. (Jan. 18, 2011)http://topics.law.cornell.edu/wex/Patent
- PBS. "Elisha Gray." American Experience. (Feb. 10, 2011)http://www.pbs.org/wgbh/amex/telephone/peopleevents/pande02.html
- Perman, Stacy. "He invents! Markets! Makes millions!" Bloomberg Businessweek. Oct. 3, 2005. (Jan. 18, 2011)http://www.businessweek.com/smallbiz/content/oct2005/sb20051003_862270.htm
- Poltorak, Alexander. "Thar's Gold in Them Thar Patents." University Business. October 2009. (Jan. 18, 2011)http://www.universitybusiness.com/viewarticle.aspx?articleid=1408
- Richtel, Matt. "Edison … Wasn't He the Guy Who Invented Everything?" The New York Times. March 30, 2008. (Jan. 18, 2011)http://www.nytimes.com/2008/03/30/weekinreview/30richtel.html?_r=2&ex=1364702400&en=65d7a2ccf34383c1&ei=5090&partner=rssuserland&emc=rss&oref=slogin
- Silverman, Arnold B. "Determining the Validity of a United States Patent." JOM, the Journal of the Minerals, Metals & Materials Society. 1990. (Jan. 18, 2011)http://www.tms.org/pubs/journals/JOM/matters/matters-9007.html
- "Understanding Federal and State Courts." U.S. Courts. (Jan. 18, 2011)http://www.uscourts.gov/EducationalResources/FederalCourtBasics/CourtStructure/UnderstandingFederalAndStateCourts.aspx
- "Sample Premiums by Industry." Intellectual Property Insurance Services Corporation. (Jan. 18, 2011)http://www.patentinsurance.com/products/insurance-policies/sample-premiums-by-industry/