Key court rulings and enforcement activity in recent years have made it riskier and costlier for patent owners to bring — and settle — patent infringement cases.
Foreign governments, particularly China, have embraced controversial antitrust doctrines, such as “excessive pricing,” to spur domestic economic activity by minimizing royalties paid to non-Chinese companies. Federal courts and U.S. agencies also have increased the burden on patent owners to seek meaningful relief against potential infringers in the name of promoting competition. In short, the past several years have not been kind to patent owners. Nonetheless, a few recent developments could signal a shift back to more robust protection.
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