Sorry, I should have clarified that. I almost mentioned trademark law to compare and contrast. No, you don't lose the patent by not enforcing it. But you can lose the value of the patent both at the negotiating table and in the courts if there's a belief you won't enforce it or a belief you suspect it's unenforceable (e.g., if you seem to worry by using it aggressively, you could have it challenged, and lose it).
First, as alluded to in the article, note the word "need":
> "Perhaps it’s a by-product of the suit Apple is engaged in against (and initiated by) Nokia. Apple’s counter-suit against Nokia involves some of the same patents at play here, and perhaps Apple’s lawyers have concluded that they need to enforce them against someone like HTC in order to use them in their counter-suit against Nokia."
Second, to quote a non-neutral party, note the phrase "lax attitude":
> "But neglecting stick licensing has two problems. First, it results in a loss of potential royalty and damages revenues from infringed patents. Second, it undermines carrot licensing of both infringed and noninfringed patents. If an industry perceives a lax attitude on the part of a university in enforcing its patents, it will think it can infringe with impunity. Under these circumstances, taking a license would be tantamount to making a charitable gift, which few in this economic climate are inclined to do." -- Alexander Poltorak of General Patent Corporation in http://www.thefreelibrary.com/Thars+gold+in+Tham+thar+patent...
Comments
Sorry, I should have clarified that. I almost mentioned trademark law to compare and contrast. No, you don't lose the patent by not enforcing it. But you can lose the value of the patent both at the negotiating table and in the courts if there's a belief you won't enforce it or a belief you suspect it's unenforceable (e.g., if you seem to worry by using it aggressively, you could have it challenged, and lose it).
First, as alluded to in the article, note the word "need":
> "Perhaps it’s a by-product of the suit Apple is engaged in against (and initiated by) Nokia. Apple’s counter-suit against Nokia involves some of the same patents at play here, and perhaps Apple’s lawyers have concluded that they need to enforce them against someone like HTC in order to use them in their counter-suit against Nokia."
Second, to quote a non-neutral party, note the phrase "lax attitude":
> "But neglecting stick licensing has two problems. First, it results in a loss of potential royalty and damages revenues from infringed patents. Second, it undermines carrot licensing of both infringed and noninfringed patents. If an industry perceives a lax attitude on the part of a university in enforcing its patents, it will think it can infringe with impunity. Under these circumstances, taking a license would be tantamount to making a charitable gift, which few in this economic climate are inclined to do." -- Alexander Poltorak of General Patent Corporation in http://www.thefreelibrary.com/Thars+gold+in+Tham+thar+patent...
But you can lose the value of the patent .. at the negotiating table
True, it comes down to people and what they think you will do, not what you can do.