Posts Tagged: "price erosion"

It’s time to talk about a longer patent term in America

The brief duration of the patent term is why a patent is considered a wasting asset. Today, given the erosion of the patent rights over the last 12 years, one has to wonder whether the brief patent term is long enough to properly incentivize innovators… It is time to serious ask whether the 20 year basic patent term – a term that no patent ever actually fully enjoys – is too short in light of the extraordinary erosion of the rights associated with the patent grant over the last 12 years. If an absolute maximum of 17 years of term versus life plus 70 made sense when patents were strong, what number for patents makes sense now that they are so weak and fragile?

No evidence of lost sales or price erosion means no irreparable harm and no permanent injunction

Nichia Corporation (“Nichia”) sued Everlight Americas, Inc., Everlight Electronics Co., Ltd. and Zenaro Lighting (collectively, “Everlight”) for infringement of three of Nichia’s patents disclosing packaging designs and methods of manufacturing LED devices. Following a bench trial, the district court found that Everlight infringed all three patents and failed to prove the patents invalid. The district court denied Nichia’s request for a permanent injunction. Nichia appealed the district court’s refusal to enter a permanent injunction, and Everlight cross-appealed the district court’s infringement and validity findings. The Court affirmed on all grounds.