Post eBay: A Brave New World?
European Intellectual Property Review, Issue 10, pp. 483-485, 2010
3 Pages Posted: 24 Jun 2011
Date Written: December 31, 2010
Patent strategy is deceptively simple in form, but complex in execution. Patents simply create a legal basis for transacting in inventions. However, the uncertain nature and scope of patent rights, the nature of the markets, and the ingenuity of market players make commercialisation of inventions a sophisticated and challenging enterprise. This article builds upon the latest research examining the relationship between patent strategies and factors such as firm size and the nature of the industry. It then considers how these strategies can undermine the law and examines counter-strategies devised in a post-eBay world.
Keywords: Infringement, patents, united states, eBay, injunction, patent troll, Detkin, Intellectual Ventures
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