$229 Million In Royalties From A Single Patent

Last week, a US jury found that Kioxia infringed a Viasat patent covering flash memory error-correction technology. The jury found that Kioxia infringed claim 16 of US Patent No. 8,615,700, which resulted in them awarding Viasat $229 million in damages, calculated as a running royalty for past infringement.

This case is a critical reminder that patents are about much more than preventing others from copying an invention and protecting years of research and development, as they can also be used as valuable commercial assets. A patent and its underlying technology can also be licensed to generate royalty income, strengthen a company's negotiating position, increase its overall valuation, and create value for many years after the technology is developed.

The problem is that many inventors want to protect their invention only AFTER they realise that there is an opportunity to use it as a commercial asset. I unfortunately then have to inform them that it is no longer possible to file a patent application, as patent filing is very time-sensitive and should be done before disclosing the invention to the public.

The bottom line: Safeguard the time, effort and resources you have expended developing new technology by filing a patent application as soon as possible, as this opportunity will most likely no longer be available at a later stage.

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