Patent litigation can be lengthy and expensive!
When a university owns a patent, and that patent is infringed, there are few options other than patent litigation. “Thar’s Gold in Them Thar Patents,” an article by General Patent CEO Alex Poltorak that appeared in University Business, details several large settlements that universities won in successful patent infringement lawsuits against large businesses that were the infringers of their patents. However, entering into patent litigation is a lengthy and expensive process!
Other than when a major corporate sues another major corporation, patent litigation is a David-vs-Goliath battle. When the plaintiff is a university, and the defendant is a large corporation with virtually unlimited resources, it is simply not a fair fight. Having an enforceable patent and a valid claim of infringement is not enough to be successful in patent litigation. The lawsuit will be won by the side with BOTH the right expertise and experience AND the financial wherewithal to relentlessly pursue the litigation to a successful resolution!
Patent litigation can have several outcomes
A tech transfer manager or university executive needs to be aware of the possible outcomes of patent litigation. First of all, very few civil lawsuits – including patent litigation – actually go to a jury. Most civil lawsuits result in an out-of-court settlement.
Damages: The university should be able to receive compensation for the infringement of its patent or patents. Damages will be based in part on the royalties the university would have been paid had the infringer licensed the patent in the first place.
Settlement: The university may be able to negotiate a lump sum settlement that includes past infringement of the patent as well as future use of the patent over its remaining life. Large corporations often prefer to make a single payment to the patent owner that includes past, current and future use of the patent. Payment for future use of the patent is usually based on projected unit or dollar sales of the infringing product over the remaining life of the patent.
License: The university may be able to secure what is called a “stick license” from the infringing entity. Under this arrangement, the infringer pays the university a royalty based on unit or dollar sales of the product that uses the infringed patent.
What are your patent litigation options?
The university that cannot afford to spend from a few hundred thousand to a few million dollars on patent litigation on its own really has just two options. Either walk away and leave the infringer to infringe the patent with impunity, or find a champion – like General Patent Corporation – that has the expertise, experience and financial resources to launch and try successful patent infringement litigation!
Patent litigation track record
General Patent Corporation (GPC) has a remarkable record of producing positive results for patent owners. GPC also brings a comprehensive package of services to the overall patent litigation effort, and provides these at no cost to the client. General Patent’s Suite of Services, is a support package that no other organization offers. GPC is essentially paid a success fee once we have produced results for the university. We are paid, per an agreed-to formula, out of any jury awards, settlements, royalties or other revenue produced by the patent litigation.
Can General Patent assist?
It costs the university nothing to have General Patent evaluate its claim of patent infringement and determine if pursuing patent litigation is a viable alternative. It takes just a few minutes to complete a Patent Infringement Inquiry. Or call us toll-free at 888-488-8178.