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“Defendants don’t get to have the same presumptions and defenses. There’s no jury trial. There’s no Markman hearing. It’s a shortcut proceeding. You have one streamlined hearing, then an issuance,” says Charles Macedo, a partner at Amster, Rothstein & Ebenstein and author of “The Corporate Insider’s Guide to U.S. Patent Practice.”
A finding of contempt, moreover, is particularly stinging. “No one wants to be found in contempt of court,” Macedo says. “It’s a pretty harsh sounding remedy, even if the damages aren’t any bigger [than for infringement].”