2002) ("charging royalties beyond the term of the patent does not lengthen the patentee
's monopoly; it merely alters the timing of royalty payments.") This gives some flexibility to parties entering into license agreements.
Ian Ayres & Paul Klemperer, Limiting Patentees' Market Power
288-89 (1948) (condemning settlement in which rival patentees fixed
So, the immediate effect of the Williamson decision is likely to be a period of uncertainty for patentees, per Elsby.
By removing the import of the word 'means,' the Williamson decision creates an environment in which it may be difficult for patentees to determine whether claims will be construed under Section 112(f) going forward."
Second, the Court asserted that since the patentee typically chooses the time and place of litigation, there is little reason to think that the patentee had unusual difficulty in getting all the relevant probative evidence before the court in the first litigation.
(51) In Power Integrations, the patentee contended that the defendant infringed its patents.
(27) In patent law, the "laches clock" starts running at the time the patentee
knew or reasonably could have known of the defendant's potential infringement.
Upon institution, the patentee
has the opportunity to amend claims amidst a period of limited discovery.
Once all of the pertinent information has been gathered (on an on-going basis) and reviewed by the PMPRB, the review board has the power to order the patentee
to lower the price of the drug in any market in Canada for any period of time.
Indirect Effects on Patentees
' and Competitors' Primary Conduct
One of the oddest features of the patent system is that patentees
get to draft the patent "claim." (1) Because the patent claim defines the scope of the monopoly, (2) patentees
have a strong incentive to subtly slant the claim's language in a way that aggrandizes their rights to the detriment of the public.