Published: 12/2/15
Publication: Law60
There has been recent discussion about the possibility of applying the fair, reasonable and nondiscriminatory[1] royalty rates awarded by the courts for standard-essential patents to patents that are not essential to practicing a standard. For patent owners, this would transform the U.S. patent system from a winner-takes-most to a winner-takes-little system by substantially decreasing the damages available for the small percentage of patents that are successfully asserted. Of greater concern, this would decrease the incentives for investing in innovation.