Article I, Section 8, Clause 8 of the United States Constitution, empowers the United States Congress:<\/p>\n
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.<\/p><\/blockquote>\n
However, the patent laws enacted by Congress don’t always provide what the Constitution intended. \u00a0In Texas Advanced Optoelectrionic Solutions, Inc, v. Intersil Corp.<\/em>, [4:08-CV-451] the district court recently denied the plaintiff patent owner’s motion for a permanent injunction,finding a lack of irreparable harm. \u00a0The Court relied upon the fact that the patent owner “viewed a reasonable royalty as sufficient compensation for the Defendant’s past infringement,” \u00a0The Court then ordered the parties:<\/p>\n
to negotiate a royalty rate to address any future\u00a0harm to the Plaintiff for the remaining life of the ‘981 patent. \u00a0Such supplemental damages shall be for sales in the\u00a0Unite States of products found to infringe the Plaintiff’s patent from March 2014 until the\u00a0expiration of the patent. \u00a0The parties shall have 30 days from the entry of this order to negotiate a royalty rate. \u00a0If the parties require additional time, they may so move the court. \u00a0If the parties are unable to successfully negotiate a royalty rate, the Plaintiff may move the court to impose an ongoing royalty rate.<\/p><\/blockquote>\n
The case arose when, after entering a confidentiality agreement to explore a possible business relationship, Intersil misappropriated TAOS’ trade secrets, and wilffully infringed TAOS’ patent. \u00a0Despite Intersil’s bad conduct, and the fact the parties were actually competing in the marketplace, the Constitution’s promise of exclusivity is denied on principles of equity.<\/p>\n
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Article I, Section 8, Clause 8 of the United States Constitution, empowers the United States Congress: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective … Continue reading