Landmark Patent Wars: Strategic Lessons from High Profile Case Studies

49 questions on landmark patent wars, answered and cited by the UpLaw editorial team.

• Can a court in one country set a worldwide patent license rate?
• How did AbbVie actually deploy the Humira thicket?
• How did eBay v. MercExchange change patent litigation?
• How did the Apple-Qualcomm war end, and what does that teach?
• How did the CRISPR interference come out?
• How does a court actually set a FRAND royalty rate?
• How should a biotech company draft claims after Amgen v. Sanofi?
• How should a company think about a multi-jurisdictional patent dispute?
• What antitrust limits apply to pay-for-delay settlements?
• What are standard-essential patents and FRAND commitments?
• What are the enduring rules of patent war?
• What did Curver Luxembourg teach about naming the article of manufacture?
• What did the Ninth Circuit decide in FTC v. Qualcomm?
• What did the Supreme Court decide about the "article of manufacture" in Samsung v. Apple?
• What did the Supreme Court hold in Amgen v. Sanofi?
• What does the enablement requirement demand?
• What five legal developments reshaped the NPE battlefield?
• What is a biosimilar and how does it differ from a generic drug?
• What is a non-practicing entity, and how does it differ from a patent assertion entity?
• What is a patent interference proceeding?
• What is a patent thicket, and how did Humira use one?
• What is a top-down FRAND analysis and why does patent counting matter?
• What is lifecycle management in pharmaceutical patent strategy?
• What is patent holdout, and how does it differ from holdup?
• What is patent holdup?
• What is the anti-suit injunction arms race in SEP litigation?
• What is the best defense against an NPE assertion?
• What is the difference between a utility patent and a design patent?
• What is the foundational-technology problem CRISPR illustrates?
• What is the ordinary-observer test for design patent infringement?
• What is the royalty base dispute in SEP cases?
• What is the single most practical lesson for a company facing a patent war?
• What is the strategic lesson of Huawei v. ZTE?
• What legal structures made the Humira patent thicket possible?
• What negotiation protocol did Huawei v. ZTE establish in Europe?
• What structural weakness in European patent litigation did Huawei v. ZTE address?
• What was at stake in Amgen v. Sanofi?
• What was the Apple v. Samsung design-patent war about?
• What was the CRISPR patent dispute about?
• Who owns CRISPR today?
• Why are major patent disputes described as "wars" rather than lawsuits?
• Why does prosecution speed matter strategically?
• Why has the negotiation record become the decisive evidence in FRAND disputes?
• Why is 35 U.S.C. § 289 so dangerous for accused design-patent infringers?
• Why is an ITC exclusion order often more powerful than a district-court injunction?
• Why is contemporaneous skepticism valuable evidence of non-obviousness?
• Why is forum selection the central strategic decision in an SEP dispute?
• Why is NPE litigation structurally asymmetric?
• Why should a company treat design patents as a first-class asset?