Re:IBM sues Airbnb for patent royalties
by freejazz on Thursday March 12, 2020 @12:34PM
(#22558603)
Well, let's say you don't successfully negotiate over licensing terms and the other side continues anyway. When you sue, you will not be awarded damages more than what a reasonable royalty would be. Here, treble damages for willful infringement act as a pressure for actors to accept fair licensing terms. So the point being: you can't really use your patent to force unfair licensing terms because in the end a court will never give you more than a reasonable license would result in.
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