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If they file bankruptcy they have to sell off their assets to raise money for their creditors- assets which include the patents themselves.


True, but doesn't losing mean having the patent declared invalid anyway? Which renders it worthless whether or not loser pays.


No, it's just one way they could lose. The other side can be found to be non-infringing, or it could be found that a very very specific clause of the patent is invalid as opposed to the whole thing.




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