Replies to post #136956 on Biotech Values

[exwannabe]

Court-imposed royalties seem to be the trend:

As per your link:

Most courts have imposed an ongoing royalty if the parties fail to reach agreement, instead of permitting the patentee to file a new lawsuit. This is wise, so long as the patentee is adequately compensated for forgoing that suit.

[zipjet]

Court-imposed royalties seem to be the trend

I agree and I have posted to that effect. The CoA staying the injunction seems to point in that direction.

The key to the argument under the Ebay case is to say that royalties apply when the patent holder/licensee is not practicing the patent. MNTA will say they practice it on every batch of mL. WPI/A will say once the processes have been validated to produce sameness that there is no need to practice the patent.

So while I think this is headed to royalty if MNTA prevails, there is still some chance for a new injunction.

ij