| Chemical, pharmaceutical, and biotechnology | | | | court should automatically issue an order to halt |
| companies and inventors spend countless number | | | | the infringer's operations if the patent owner |
| of hours and a lot of money to come up with a | | | | proved that his valid patent is unlawfully copied. |
| drug for curing killer diseases like cancer or | | | | To succeed in halting the operations of the |
| diabetes or a new catalyst that will speed up a | | | | infringer, the Supreme Court indicated that the |
| chemical reaction towards making a wonder | | | | patent owner must show that it has suffered |
| plastic. They protect their inventions by securing a | | | | beyond repair by the actions of the infringer; that |
| patent. | | | | there is no other remedy, such as money, than |
| For one reason or another, the patent owner | | | | stopping the infringer; how its hardship outweighs |
| may not be ready to make or sell the patented | | | | the hardship of the infringer; and that public |
| invention. The patent owner, for example, | | | | interest would not be harmed by halting the |
| University or individual inventor, may be thinking | | | | infringer. This is commonly called the "four-factor |
| of licensing the invention to another who can | | | | test". |
| market the invention, and collect royalty | | | | In proving that the forces are working in the |
| payments rather than undertake efforts to | | | | patent owner's favor, as required by the |
| secure financing necessary to bring their works to | | | | Supreme Court, one of the questions that would |
| market themselves. However, much to the | | | | come up is how strong the patent is - i.e., can it |
| patent owner's surprise and anger, it may notice | | | | survive an attack on its validity. In the words of |
| an infringer illegally making and selling the invention. | | | | Justice Anthony Kennedy, writing on the eBay |
| Can the patent owner go and automatically get | | | | case, "the potential vagueness and suspect validity |
| an order to halt the infringer's operations? The | | | | of ... the patents may affect the calculus under |
| answer may be surprising. The courts are not | | | | the four-factor test." |
| always sympathetic to the patent owner. | | | | Securing a strong patent is not trivial. It is |
| In the recently decided fight between internet | | | | important that patent is filed promptly. For |
| giant eBay and smaller company Mercexchange, | | | | example, if the patent is filed long after the |
| who owned a patent for doing business on the | | | | invention was published in a magazine or displayed |
| web, Justice Clarence Thomas, speaking for the | | | | as a poster, its validity or vitality comes into |
| United States Supreme Court, ruled that the | | | | question. Or the patent may have been filed |
| patent owner, besides showing that the patent | | | | promptly but the patent may have been drafted |
| has been violated, must prove that a number of | | | | the patent such that the patent does not cover |
| things are lining up in its favor before it can stop | | | | the invention adequately. To succeed in stopping |
| the infringer from copying the patented invention. | | | | the infringer, or to obtain a sizable royalty or |
| This is a dramatic departure from the earlier | | | | settlement from the infringer, it is essential that |
| lower court ruling that, except in rare situations, a | | | | the patent is strong and robust. |