Patent Express Logo
Contact us
Toll-free: (877)-794-9511
Ask a question
Ask a question
See Questions and Answers
See Questions and Answers
Discover more services
Discover more services
Search for Patent Questions:
All Questions in Litigation >> Royalty and Prosecution Laches

Royalty and Prosecution Laches

Posted by Anonymous . updated on 2/26/2009
I remember I saw the the discussions regarding "royalty" somewhere, but the I find it now and the on-going talk deviates quite substantially from the "royalty". Anyway, I am re-asking this again here, and hope you guys won't be annoyed.

Q1: No eary rule for determine the royalty rate either during the negotiation or in front of the court. But is there any data/statistic showing the roaylty rate adjudicated by the court and the final damage (original plus enhanced awarded?

Q2: During the litigation, WHEN will P claim the AMOUNT for damage? Not in the pleading stage, but what stage and when? D is permitted to argue the rate with its one expert, isn't it? Infringement or not is a issue for fact finder, while the judge decides the rate. Right? Court can also determine whether there is willfulness and exceptional circumstances. Right?

An US patent filed in 1993 claiming a Japan priority. There have been several continuation applications since then, and many of them were granted in 1998, 1999, 2001 with the very first US application abandoned. There are, believed, two or three other continuations. However, the patentee only takes the 2001-issued patent as the basis for licensing negotiation.

Q1: Why not asserting the patents issued in 1998 and 1999? I have checked that the background, enablements, and the BASIC claims are substantially similar.

Q2: 1993 (the first application) till now 2005, 12 years have passed. It's quite unfair for the patentee to claim the same priority. Is prosecution laches good as a defense? What else is available?

Q3: The patentee can simply buy the allegedly infringing products from the market and try to construe the claims in a way to cover the products by way of patent continuation. Any way to protect the allegedly infringer?

Q4: If the issued patent is related to a standard adopted by a standard setting orgnization, what can the members of that organization do?

Q5: There is a grey area between the monopoly granted by patent law and the anti-monopoly concern prescribed by antitrust law. When can antitrust law specifically take a role in a patent litigation as a SWORD by D (infringer)?

Answers (0)
Be the first to answer this question.
Related Questions
In Litigation    -  posted on 11/20/2008
I designed a software system for a company , the IP & copywrite was understood belong to me, there were no contracts other than a PO. - several years later I find the company is trying to patent my idea /IP ...   Read MoreAnswer this question
In Litigation    -  posted on 4/21/2009
I am planning to start an internet based company that will be creating a game very similar in look, idea and functionality to that of another major game developer. The main difference is that this game devel...   Read MoreAnswer this question
In Litigation    -  posted on 4/25/2009
If a employee of a company were to create a product to be sold by the company, then the emloyee left the company to sell said product on his own forming his own comapny, would the company have any legal grou...   Read MoreAnswer this question
In Litigation    -  posted on 9/27/2004
Will a Poor Mans Patent (Meaning a picture of patent product sent through the u.s. mail unopened and post marked sent back to the sender) have any validity in a court?   Read MoreAnswer this question
In Litigation    -  posted on 8/11/2004
I have two questions concerning copyrights and patents. It seems that every time a movie studio has a successful movie, someone yells that the studio stole the story from him, such as in the case of the movi...   Read MoreAnswer this question
Why Patent Express?
  • Patent Express is the fastest and easiest way for an individual inventor to file a U.S. Patent or Trademark Application.
  • Patent Express fills the gap for those who cannot afford a U.S. patent attorney or agent, but want to have their patent drafted and issued.
  • Patent Express is backed by a 100% money back guarantee.
Save 95% more in register a trademark
Patent Express Services is a website of Raj Abhyanker, a professional U.S. Patent Law firm, see: for more. All non-do-it-yourself related services advertised on this site are supervised and managed by a U.S. patent attorney.

© All rights reserved. Disclaimer: The information provided in this site is not legal advice, but general information on legal issues commonly encountered. Please note that your access to and use of is subject to additional terms and conditions. 03-31-2015