With the U.S. Court of Appeals for the Federal Circuit’s revocation of the decision in the six-year-long case Caltech v. Apple and Broadcom (2022), Apple has been relieved of paying $1.1 billion in damage-based compensation demanded by Caltech, due to alleged infringement on the ‘710 and ‘032 patents held by the latter institution. [1] Given this was the highest patent-related damage amount demanded to date, there is perhaps no better time to highlight the financially exorbitant and highly exploitable nature of the patent law industry. [2] Given that universities attain about three thousand patents a year from either funding research or venture capital investment funds, this issue is only growing in prominence. [3] The denial of Caltech’s “two-tiered damage” theory garners support for a more careful revision of current patent law, specifically its overly-broad interpretation, that maintains its ability to promote innovation and better integrate technology.
Read MoreWhat happens when a global emergency confronts intellectual property law? Medical companies obtain patents for innovative technology, which gives these companies legal ground for a lawsuit should another company produce the same good. But in a time of crisis, as we see now with the coronavirus pandemic, there is a need to produce essential equipment on a scale so massive and immediate that it necessitates removing a patent’s protections.
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