[转载]美国NPE专利经营模式受到挑战？_林华

http://blog.sina.com.cn/u/1528373040

首页博文目录关于我

个人资料

微博

加好友发纸条

写留言加关注

博客等级：
博客积分：

博客访问：
关注人气：
获赠金笔：0支
赠出金笔：0支
荣誉徽章：

正文字体大小：大中小

[转载]美国NPE专利经营模式受到挑战？

(2011-10-20 22:00:47)

标签：

转载

原文地址：美国NPE专利经营模式受到挑战？作者：智财

调查显示2010年美国NPE的专利诉讼成功率大幅下降

文/智财黑马

最近出版的2010年版美国专利诉讼调查显示，非执业实体（Non-practising entities，NPE）的专利诉讼胜诉率要低于执业实体（practising entities），前者为21%，后者为38%，这是自2007年来首次出现实业公司在诉讼上比NPE更成功的情形，2009年NPE的胜诉率还曾高达47%。这似乎意味着美国的Patent Troll/NPE的专利经营模式，在美国专利法改革的浪潮中受到挑战。当然，具体的情况还有待观察。

2010美国专利诉讼调查请见http://www.yesipo.com/read.php?tid=2347。

New survey reports a sharp drop in NPE litigation success rates in the US during 2010

Non-practising entities have a lower success rate in US patent litigation than practising entities, according to PWC, which today published the 2011 edition of its annual US patent litigation survey. According to the firm, NPEs were successful 21% of the time in 2010, while operating companies prevailed 38% of the time. The discrepancy is largely accounted for by NPE’s relative lack of success in summary actions; when it comes to trials they prevailed around two-thirds of the time, as did operating companies.

Last year was actually the first time since 2007 that operating companies were more successful in litigation than NPEs. The latter saw a major drop from their 2009 win rate, which was 47%. That said, success rates for both sides in jury trials were lower in 2010 than they had been in any year since 2001; although wins in bench trials are at their highest level since 2002. Where NPEs have a definite advantage is with damages. The awards they receive are, on average, double those handed to operating companies.

The number of patent cases filed in 2010 recovered slightly from 2009, but at 2,892 the overall amount remains lower than the figure for 2008 (2,937) and the all-time high of 3,075 reached in 2004. The survey does not look at the number of defendants per case. Other highlights of the survey identified by PWC include:

• Annual median damages awards (in 2010 dollars) ranged from $1.8 million to $15.6 million between 1995 and 2010.

• The disparity between jury and bench awards continues to widen and is likely the contributing factor in the significant increase in use of juries since 1995.

• Reasonable royalties remain the predominant measure of patent damages awards.

• Technology associated with the consumer products industry led the way in the percentage of identified decisions from 1995 through 2010. However, median damages awarded in this industry were relatively low in comparison to the other top ten most active industries, particularly telecommunications, medical devices, computer hardware/electronics, and biotechnology/pharma.

• While the median time-to-trial has remained fairly constant in recent years (averaging 2.28 years), we see significant variations among jurisdictions.

• Certain federal district courts (particularly Virginia Eastern, Delaware, and Texas Eastern) continue to be more favorable to patent holders, with shorter time-to-trial, higher success rates, and higher median damages awards.

• The top five federal district courts (of 94 total) accounted for 37% of all identified decisions involving an NPE as the patent holder. The Eastern District of Texas accounted for 11% of NPE decisions.

• Not all NPEs are created equal: While University/Non-profit NPEs have the highest success rate among NPE litigants, their median damages award is considerably lower than the median award of Company NPEs.

http://www.iam-magazine.com/blog/Detail.aspx?g=7f3a8caf-ed36-4d82-881e-e1e9ab10a281

阅读┊ 收藏 ┊转载原文 ┊ 喜欢 ▼ ┊打印┊举报/Report

前一篇：乔布斯是平的——平板与iPad的解释

后一篇：治色盲，然后立公信

新浪BLOG意见反馈留言板　欢迎批评指正