Road Runner cartoon fans know that if Wile E. Coyote pulls out a bucket of glue to capture the elusive bird, things are not going to go well. Whatever happens, the nature of the sticky situation is one that will mean trouble for the canine and elicit laughs from viewers.
A common element of patent challenges these days through inter partes review (IPR) is the claim that a patent shouldn't have been granted in the first place because of obviousness due to prior art. This is a claim that Apple attempted to use in responding to allegations that it had infringed on a patent held by PersonalWeb Technologies, LLC. Apple's argument succeeded in IPR before the Patent Trial and Appeal Board (PTAB). However, PersonalWeb won on appeal.
Few would argue the U.S. legal system is perfect. It is what we have and it is up to us to manage it in ways that achieve optimal justice. In recent years, the concept of arbitration has taken root. The idea being that by removing disputes from courts, resolution becomes more efficient and less costly.
Assessing damages in any type of legal case can be a tricky proposition. Often the amount sought tries to encompass not only actual damages, but projected losses. In a personal injury case, the physical evidence can go a long way toward proving the loss. But damages in patent law can be harder to quantify.