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Doesn't seem to work like that

Doesn't seem to work like that

Posted Mar 10, 2010 19:30 UTC (Wed) by cmccabe (guest, #60281)
In reply to: Doesn't seem to work like that by coriordan
Parent article: Schwartz: Good Artists Copy, Great Artists Steal

PriceWaterHouseCoopers recently did a patent litigation study.
http://www.pwc.com/us/en/forensic-services/publications/a...

A few of the conclusions:
* Non-practicing Entities (also known as trolls) are having an increasing impact.
* Damages awards for NPEs have averaged more than double those for practicing entities since 1995.
* Juries tend to find in favor of the patent holder much more often than judges.
* The "reasonable royalties" metric is usually used to calculate damages, rather than "lost profits."

The report also goes on to say:
> High-tech software and telecommunications companies may embed hundreds of
> patented components within their products; thus, they welcome changes to
> current patent law. However, major pharmaceutical companies, biotech
> companies, and NPEs, who typically have a smaller number of patents
> covering their products, prefer the status quo.

There's no details about what changes, exactly, the software companies were pushing for in the 2009 Patent Reform Act. I doubt that the companies wanted to abolish software patents completely, but they may well have wanted to abolish some of the more egregious abuses.


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