Bloomberg.com has an interesting article about patent damages for 2006, asserting that the $1Billion awards level was almost triple the level in 2005. There are some interesting quotes and statistics. One thing I did not like about the article was the assertion that damages were this high because of increased efforts to “fend off competition” by the patent owners. This is just more of that patents are anti-competitive theme that seems to run through much of the current writings. Check out my “About” page linked from this blog to see where I stand.
A patent is property, just like your house. If I were to come uninvited to your house and sleep in your bed, would you be fending off competition for your bed and the food in your refrigerator by kicking me out? As an owner, you expect to be able to throw me out, rent a room, or sell me the house. Patent owners do the same things to their patent properties. Recouping investments, being rewarded for progressive forward thinking, stopping infringements (patent infringement is a tort of trespass), these are all attributes that patent owners should enjoy for production and development of their patent properties.
Calling a patent owner a patent troll just because one doesn’t want to pay for the right to use?
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