Friday, May 15, 2015

Former CJ Michel on patent licensing: "attorneys are now advising their clients not to take a license"

Former CAFC Chief Judge Paul Michel comments on the current state of patent licensing:

“If a company was practicing an invention you made and you pointed that out to them, they would take a license,” he said. “Because they would see that they’re infringing a patent and they want to avoid a lawsuit and they want to be a good corporate citizen, they’d say, OK, I better pay and buy a license.

“We’ve totally gone the other way now.”

Attorneys are now advising their clients not to take a license and to fight the claim, Michel said.

“They’re telling these company owners that they can probably get it knocked out and that even if they don’t succeed, that they can outlast the patent owner, so don’t take a license no matter how clearly you’re infringing,” he explained.


Separately, see IPBiz post

Dan Rosenberg on "a patent crisis that doesn't exist"


Survey evidence of Feldman/Lemley criticized; the story of Copaxone


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