ABSTRACT
US and foreign companies doing business in the United States are increasingly utilising US patent laws to protect their technology assets by obtaining patents and, when appropriate, enforcing them against infringers. Indeed, patent infringement litigation is a ‘growing business’ in the United States,2 and damage awards from infringement can be staggering.3 The potential for substantial damage awards provides companies with incentives to obtain patent protection for future offensive purposes. In this regard, defensive use of patents in settlement negotiations provides similar incentives.
