If Visx's procedure patents are found to be invalid and unenforceable, then Visx's competitors would have MUCH to gain, because then Visx couldn't collect (patented) procedure royalties on competitors' lasers, thereby making them more marketable, and giving competitors more flexibility in charging their own use fees.
Remember, Visx's U.S. patents start expiring after the year 2000, so until then, Visx has a legal monopoly until the relevant patents expire. After the patents expire, Visx must license competitors. Of course, Visx isn't planning to use its legal monopoly, but instead plans to license others immediately, and collect procedure and equipment royalties. Clearly, competitors have a strong interest in proving Visx's patents are invalid and unenforceable. Yet, no one has been able to prove invalidity and unenforceability, even Summit, after all these years. |
