What is innovation? It’s a simple enough question, except that it is not.
You know and we know that our patent #8765432 is bogus. Thousands of others on the Internet also k ow it is bogus. So what? We will give you a choice: license it from us for $50,000 and we will not bother you again over it. Or, we will sue you and it will cost you an average of $500,000. You may then win, but you will be out the money defending yourself. We won’t owe you anything if we lose. We have more patents to assert, so the loss of one of them is no big deal. And the cost of asserting the patent against You will cost just a few of the royalties paid by other companies. (And, if you do invalidate the patent those companies will not be legally entitled to a refund, so they have no incentive to help you. In fact, they have paid us and have every incentive to hurt you, since you are probably their competitor.)