Let's suppose, An organization sued another company, say ABC, with their patent X and won with handful amount in damages.

What if in the future its patent (X) gets invalidated by someone else? Will the company (ABC) have the right to claim something?

2 Answers 2


I'm not 100% sure concerning the US, but in Europe the answer is no, sorry, you couldn't know this patent was invalid and infringed it anyways so you brought this on yourself.

This is actually a huge problem as infirngement suits are normally decided faster than invalidation, so you could get sued for infringement, at the same time start invalidating, lose the infringement suit, win the invalidation 2 yrs later and pay anyways.


Anybody can sue anybody for any reason but it doesn't mean they will win or it's not frivolous. They can sue for the damages they previously had to pay for infringing an invalid patent.

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