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A popular tale involves a troll guarding a bridge, who demanded payment before a traveler could cross.
Pay Up
The cost of defending a patent troll cases by defendant companies are high. With the costs, risks are also high and high level of uncertainty prevails about the outcome of jury trials, which might force the defending companies to come to a settlement. Distortions in the patent market, such as those caused by long patent application pendency, promotes patent trolling. The Patent Troll strikes, demanding huge royalties to be paid or you risk a lengthy, nasty and very expensive legal battle - with the real danger of losing it.
Industry Perspectives
Patent Trolls are more an issue in the IT industry than other industries, including Biotech/Pharmaceutical industry. IT industry : Easier to enter into business - Low cost of R/D. Single product often has 100s of patented or patentable features. Thus, even if infringement was for only one element of the product, Patent Trolls often use the threat of a permanent injunction to shut down an entire product. Cross licensing is common because it is difficult and expensive to evaluate the infringement of all related patents. However, Patent Trolls do not manufacture products and, therefore, do not respond to cross licensing offers.
Industry Perspectives
Biotech/Pharmaceutical Industry : Difficult to enter into business - High cost of R/D Single patent can be worth billions of USD with 10-15 years of R/D Rely heavily on patents granted for a very few, highly important, discoveries. So, these companies do not license the patents but rather, use them more offensively. Therefore, if their patents are infringed, they want an injunction License only for reasons, such as decide not to develop further in-house, market changes, priority changes, additional clinical studies, cost, resource constraints Careful with prior art searches because of enormous cost of R/D, and prior art searches may be easier to conduct.
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