Patentees only win patent infringement cases 1/3 of the time, so it is not unreasonable to feel confident that a dispute would result favorably for the accused infringer. Further, whether your company or any other defendant could afford to defend yourself if sued has no impact on whether a "condition" has been placed on you. That's your financial situation, not a condition placed on you by a court or yourself.If you were inclined to place any weight on this sort of statistic,
That statistic comes from, amongst other sources, Patstats, U.S. Patent Litigation Statistics, University of Houston Law Center, available at http://www.patstats.org/2003.html, which shows that, in 2003, patents in litigation were found invalid 58% of the time and not infringed 77% of the time. For a patentee to win, the patent must be held both valid and infringed. Since both issues are resolved in many cases, you can not consider that of the 44% of patents held valid they were then found infringed 23% of the time (that would give you too low of a number). Roughly the result in patent litigation is that patentees win about 1/3 of the time. Of course, this also differs by technology, with pharmaceutical patents being a little stronger than others, but it is generally true.
If you have evidence to the contrary, please identify it. Best, --Dan Daniel B. Ravicher Legal Director Software Freedom Law Center 1995 Broadway Fl 17 New York, NY 10023-5882 212-461-1902 direct 212-580-0800 main 212-580-0898 fax ravicher@softwarefreedom.org www.softwarefreedom.org ----------------------------------------------------------------------This message is intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to the attorney-client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply e-mail and delete this message. Thank you.
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