Rovi Corp. is another great example of how important patents are to companies in the computer age. When five of Rovi’s patents were initially declared patent ineligible by a district court this past July, Rovi’s stock dropped dramatically relative to the NASDAQ:
Hypothetically, assuming this decision is reversed by the Federal Circuit and the patents are later challenged under 35 U.S.C. §103, it would be interesting to see if the change in stock price could be used as evidence of commercial success. It would be hard to say that there is no nexus.
It will also be interesting to watch Rovi’s stock price on the day of the oral argument at the Federal Circuit. For example, will the price fluctuate significantly not only during the oral argument but also when the panel for the case is announced on the morning of the oral argument. Given how panel dependent patent eligibility outcomes can be, a Mayer, Dyk, Lourie panel might produce an entirely different swing than a Newman, Moore, Linn panel.
Obviously, this post and all other posts on this blog are not investment advice.