IP litigation and dispute resolution can be a very costly and time consuming affair, unless strategically managed. Despite its pitfalls, through proper planning, patent litigation can be used as a valuable tool to gain business value and open new business opportunities. An efficient and effective business approach to patent litigation requires a thorough knowledge of the patent laws and rules, insight into the patent/judicial system, a keen understanding of business goals, and innovative options of achieving business goals through litigation management, strategic cost/time management, and swift response to challenges.
Our team of experienced IP attorneys and agents help clients manages litigation for benefit of the client’s business through strategic litigation planning, litigation support, research, alternative dispute resolution, and settlements at the right time. We work closely with clients to understand their business goals, and devise /implement an effective patent litigation strategy. Bearing in mind that litigation is a means to the end of gaining business value and mitigating business risks, our team helps clients maximize benefits from litigation, and minimize cost, effort, and time. Our litigation approach avoids long drawn court battles, and always aims to achieve business results.
‘Due-diligence’ prior to litigation:
Of all the patents that we’ve reviewed in the last few years, I can assure you that at least 75{aff06771d2aa463492047efd49c3b8f62e90d2389e743ae53c1f5c685b0994f5} of them could have been knocked down on pure procedural grounds without having to raise a single argument on the science of the invention. These procedural grounds could vary from Section 8 requirements to faulty assignment deeds. The failure to submit details of corresponding foreign applications under Section 8 is nothing but gross negligence and patentee should not shy away from suing those patent law firms which are guilty of such gross negligence. Given their recently disclosed, mind-boggling revenues, I’m sure they will be able to pay up for their gross negligence. For patentees, it is of the utmost importance that they hire a firm, not being the firm which prosecuted the patent application, to conduct a due diligence on all patents that are deemed to be of a certain strategic value.