The value of a patent, for better or worse, is related to the likelihood that it could be successfully enforced in litigation. The value of the patent is also a function of the likely damages that could be obtained in litigation.
Over the last 10 years patent value has eroded little by little, starting first with the lost of a presumptive right to an injunction with the Supreme Court decision in eBay v. MercExchange, then with the enactment of the America Invents Act, which created new administrative trial procedures to challenge patent rights, and ultimately with the Supreme Court’s assault on patent eligibility in Mayo, Myriad and Alice. It has become more difficult to patent biotechnology and software innovations, and those that are patented are much easier to defeat as improvidently granted.
Patent investors (be they innovators, implementers, or legal specialists) are no different than investors in any other asset class. They abhor uncertainty and charge a stiff premium for risk. In the wake of the AIA, the cloud of uncertainty hanging over patents is dark indeed. This uncertainty has depressed the value of patents and the returns to research and development, and may have broader ramifications that are yet to be seen.
Over the last several months there have been some decisions from the Federal Circuit that raise hope for patent owners, but with a new Congress and Administration just months away the omnipresent calls for patent reform all guaranteed to soon return.
Against this backdrop I will discuss patent valuation and monetization realities in an AIA world with Ashley Keller, co-founder and Managing Partner of Gerchen Keller. Join me on Wednesday, September 28, 2016 at 12pm ET for a discussion on the current state of patent value. We will take your questions, as well as discuss the following:
- Patent eligibility at the Federal Circuit; reasons for hope.
- The outlook for innovators and patent owners in Q4 2016 and Q1 2017.
- Patent Reform: what is likely to happen and how could it impact value and monetization strategies.
CLICK HERE to register for this free webinar.